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RAJEEV MISRA
Harshvardhan Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajeev Misra, J.
Heard Mrs. Vatsala, the learned counsel for appellant, the learned A.G.A. for State and Mr. Avanish Kumar Srivastava, the learned counsel representing first informant-opposite party 2.
2. This repeat application for bail has been filed by appellant Harshvardhan Yadav seeking his enlargement on bail in Case Crime No. 136 of 2020, under Section 376 IPC and section 3(2)(v) SC/ST Act, Police Station-Collectorganj, District-Kanpur Nagar during the pendency of trial.
3. The first bail application of appellant was rejected vide order dated 03.08.2021 passed in Criminal Appeal No. 1382 of 2021 (Harshvardhan Yadav v. State of U.P. and Another). For ready reference, the same is re-produced here in under:-
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....
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.
The main legal point established in the judgment is that a false promise of marriage leading to sexual intercourse constitutes rape under Section 376 of the Indian Penal Code, and the validity of con....
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....
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.
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