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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
State of Haryana – Appellant
Versus
Karan Sachdeva – Respondent
JUDGMENT
Harpreet Kaur Jeewan, J. - The State has filed an application under Section 378(3) Cr.P.C. seeking leave to appeal, challenging the findings of acquittal recorded by Addl. District & Sessions Judge, Fast Track Court at Sonepat, whereby the respondent-Karan Sachdeva was acquitted of the charges framed against him in FIR No.122 dated 13.04.2018 under Section 376 IPC registered at Police Station Murthal, Sonepat.
2.1 Prosecution story in brief is that, the prosecutrix (name withheld) used to reside along with her father and brother in L-215, Shastri Colony, Delhi. The prosecutrix is about 24 years old, she had studied up to B.A. and doing a job. The respondent-accused sent a friend request to her on Facebook in the year 2015 and they started talking to each other. They also used to talk to each other on phone. The accused called the prosecutrix at Connaught Place for watching a movie and as such she went there on his request and after that accused had been frequently asking her to meet him. In December, 2015, accused came to the house of a friend of the prosecutrix and then he brought the prosecutrix to Kanak Hotel in Murthal, Sonepat. In the said hotel room, the accused pro
Consent given under a false promise of marriage is not considered valid consent, and the distinction between rape and consensual sex must be carefully examined based on the active and reasoned delibe....
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.
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
(1) Rape – Misconception of fact – There is a difference between giving a false promise and committing breach of promise by accused – It would be a folly to treat each breach of promise to marry as a....
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