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ORISSA HIGH COURT
PABITRA KUMAR PRADHAN – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant revision under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’) and Section 438 BNSS is at the behest of the petitioner assailing the impugned order dated 18th November, 2024 passed in connection with C.T. Case No. 23 of 2019 by the learned Special Court under S.C. & S.T. (PoA) Act, Cuttack, whereby, an application under Section 227 Cr.P.C. demanding discharge from the alleged offences moved by him was declined on the grounds inter alia that such decision cannot be sustained in law and hence, the same is liable to be interfered with and set aside followed by consequential directions issued in that regard.
2. The informant, who is the father of the victim, lodged the report at the local PS in the year 2018 alleging therein that his daughter was made to maintain a physical relationship with the petitioner for about two years on the assurance of marriage and as a result, she gave birth to a girl child but thereafter, for the events narrated therein, such relationship stood deteriorated and as a result, Jagatpur P.S. Case No. 347 of 2018 was registered for commission of offences pu
The court determined that a consensual relationship based on a promise of marriage does not constitute rape unless there is clear evidence of deceit or misconception, leading to the discharge of the ....
The allegations of false promise to marriage and consensual relation do not constitute rape under relevant IPC sections, as insufficient grounds were identified to sustain the charges.
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
Consent given under a false promise of marriage may vitiate the consent, but in this case, the court found that the physical relationship was consensual and not based on a false promise of marriage.
Consent in sexual relationships must be evaluated in the context of the relationship's nature, and a mere allegation of a false promise of marriage does not suffice to establish a case of rape withou....
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
(1) Accused can be convicted for rape only if court reaches conclusion that intention of accused was mala fide and that he had clandestine motives.(2) Discharge from criminal case – While dealing wit....
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