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SHAMIM AHMED
Mohan Yadav @ Vivek Yadav – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home, Lko. – Respondent
JUDGMENT :
1. Heard Shri Mata Prasad Yadav, the learned counsels for the appellant and Sri Satendra Kumar Srivastava, the learned A.G.A. for the State-opposite party and perused the entire record.
2. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 02.09.2022 passed by the court of learned Special Judge (S.C./S.T. Act), Sultanpur in Bail Application No. 2800/2022 : Mohan Yadav Vs. State of U.P., arising out of Case Crime No. 262/2022, under Sections 342, 376, 504, 506 I.P.C. and under Section 3 (2) (v) SC/ST Act, Police Station Akhand Nagar, District Sultanpur, whereby the bail application of the appellant has been rejected.
3. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. No such incident took place, as alleged by the prosecutrix in the F.I.R.
4. Learned counsel for the appellant further submits that as per prosecution version the prosecutrix and appellant were in relation with for the last six months and they loved each other and were ready to solemnize marriage. He further submits th
The main legal point established in the judgment is the interpretation of consent and promise of marriage in cases of sexual assault under the SC/ST Act and IPC.
Rape - Conviction confirmed and Bail rejected - Accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such an a....
Consent obtained under a false promise of marriage does not constitute valid consent if the relationship is consensual and prolonged, and the absence of medical evidence significantly undermines alle....
The legal principle established is that consent given under a false promise of marriage must involve an active and reasoned deliberation, and the promise of marriage must have been a false promise gi....
A consensual relationship, even if based on a promise of marriage, does not constitute rape under Section 375 IPC unless it is proven that the promise was made in bad faith or with the intent to dece....
Consent given under a false promise to marry must be proven as knowingly false from the outset for an accusation of rape to succeed; consensual relationships later turning sour do not invoke criminal....
Consent under Section 375 cannot be considered valid if based on a false promise of marriage if the promise was not made with fraudulent intent from the outset. Subsequently, a prolonged consensual r....
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