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SAURABH SHYAM SHAMSHERY
Chand Babu @ Vishal – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. allegations of rape and deception based on religious identity. (Para 1 , 2) |
| 2. arguments regarding honey trap and false identity. (Para 3 , 4) |
| 3. court's analysis on misrepresentation and its legal implications. (Para 5 , 6 , 7 , 8 , 9) |
| 4. order for recording statement and future bail application. (Para 10) |
JUDGMENT
Saurabh Shyam Shamshery, J.
Applicant-Chand Babu alias Vishal has approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 353 of 2022, under Sections 3 76(2)(n), 420, 506 IPC and 3/5 U.P. Prevention of Unlawful Conversion of Religion Act, Police Station Kotwali, District Bareilly, after rejection of his bail application vide order dated 16.12.2022 passed by Additional Sessions Judge (Fast Track Court), Bareilly.
2. Victim herself lodged an FIR against applicant on 25.08.2022 that about five months ago she received a call from a boy (applicant) who introduced himself as Vishal and they started talking with each other. Later on the boy proposed her. Victim used to visit Bareilly to meet him, where she was repeatedly raped under threat to viral her unsolicited photographs. Victim further alleged that on 24.
Criminal Law - Statement of victim – Admissibility of - Statement of victim recorded U/s P.C is concerned, this is not stage to analyze such improvements and to form an opinion because at this stage,....
The main legal point established in the judgment is the distinction between false promise and breach of promise, and the legal principles related to consent and misconception of fact.
Consent to engage in a sexual relationship is not vitiated by a promise of marriage unless the promise is proven to be made in bad faith or with no intention to adhere to it from inception.
Anticipatory bail application – Defence/statement made by Advocate for appellant cannot be considered at this juncture.
Court is inclined to allow the present application as State has also not been able to answer the query made to the Counsel for the respondent/State.
The main legal point established in the judgment is that the provisions of Section 3 of the Act of 2021, which prohibit conversion from one religion to another by use of misrepresentation, force, und....
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