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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Mana Challan – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Sanjeeb K.Panigrahi, J.
1. The Appellant has filed the instant Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973/ Section 415 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellate jurisdiction of this Court. The appeal is preferred against the Judgment dated 08.08.2024 passed by the learned Ad hoc Additional District and Sessions Judge (Fast Track), Special Court, Jeypore, in connection with T.R. Case No. 146 of 2017 arising out of Jeypore Mahila P.S. Case No. 56 of 2016, whereby the appellant was convicted for the offences under Section 376 (2)(n)of Indian Penal Code and was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5,000/- and in default of payment of fine undergo rigorous imprisonment for two months.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The informant, being the mother of the victim, lodged a written report before the Inspector-in-charge of Jeypore Mahila P.S., on the basis of which a case registered under Section 376 (2)(n), 506,34,109 of IPC read with Section 6 of the POCSO Act.
(ii) The Appellant and Victim belong to the same village and were we
Consent obtained under a false promise of marriage vitiates true consent, constituting rape under IPC Section 376(2)(n).
Criminal Law - Charge of Rape - Conviction Upheld - Age of Prosecutrix - Victim was at her tender age when she met the appellant on her way to school. There is no evidence at all that they were in de....
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
Rape and cheating – Moral indignation cannot take place of legal proof that cohabitation of parties was on the basis of a dishonest representation of appellant.
The court established that unreliable age evidence and inconsistencies in the victim's account, coupled with her prior consent, undermined the conviction under the POCSO Act.
Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
The main legal point established in the judgment is that a false promise of marriage leading to sexual intercourse constitutes rape under Section 376 of the Indian Penal Code, and the validity of con....
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