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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
AB – Appellant
Versus
Sajid – Respondent
JUDGMENT
Harpreet Kaur Jeewan, J. - The present criminal appeal has been filed by the prosecutrix under Section 372 Cr.P.C. against the judgement dated 19.11.2018 passed by Special Court, SAS Nagar, Mohali, vide which respondent No.1-accused Sajid was acquitted of the charge framed under Section 376 (2) and 506 of IPC.
2.1 As per prosecution story, the appellant (prosecutrix) used to reside in a rented accommodation in village Sohana, District SAS Nagar, whereas respondent No.1 also used to reside in the same building on rent. Respondent No.1, who is brother-in-law (Devar) of the elder sister of the prosecutrix used to proclaim to the prosecutrix that he intends to perform marriage with her. Respondent No.1 also used to express that he loves the prosecutrix and had been promising to provide a good living to her. The prosecutrix came under his influence and on the promise of marriage respondent No.1 developed physical relationship with her. Respondent No.1 used to proclaim that the prosecutrix belongs to him and marriage can be performed at any time. However, later on respondent No.1 refused to perform marriage with the prosecutrix and for the last 4-6 months respondent No.1 had visi
Prolonged consensual relationships undermine claims of rape under false promises, indicating that consent may not be vitiated by misconception of fact.
Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
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.
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
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