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ANISH KUMAR GUPTA
Raghav Kumar – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State. None appears on behalf of the opposite party no.2 even in the revised call to press the instant application.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 13.12.2018 in Case No. 6910204 of 2018 arising out of Case Crime No. 211 of 2018 u/S 504, 506, 376 I.P.C., Police Station- Mahila Thana, District- Agra, pending in the court of learned District and Sessions Judge, Agra.
FACTS
3. The facts in brief are that the opposite party no.2 herein initially submitted a complaint dated 12.11.2018 before the Additional Director General of Police, Agra Zone, Agra, seeking registration of the F.I.R. and strict action against the applicant herein. On the aforesaid complaint, as per the direction of the Additional Director General of Police, the instant F.I.R. has been registered at Women Police Station, Agra, on 15.11.2018, whereby the Case Crime No. 211 of 2018 was registered for the offences under Sections 504, 506, 328, 34, 376 I.P.C. against the applicant and the entire family member
Consent obtained under threat or misconception is invalid; initial coercive acts establish a prima facie case of rape.
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
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.
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....
The distinction between consensual relations and rape lies in the perception and intention behind consent; the breach of a promise to marry does not equate to misconception if the relationship is con....
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.
There is clear distinction between rape and consensual sex. If accused has not made promise with sole intention to seduce prosecutrix to indulge in sexual acts, such an act would not amount to rape.
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