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SAURABH SHYAM SHAMSHERY
Chand Babu @ Vishal – Appellant
Versus
State of U. P. – Respondent
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 24.08.2022 when applicant took victim to a Hotel, she came to know that boy's real name is Chand Babu and that he belongs to Muslim religion. Victim confronted him that why he has introduced himself to be a Hindu boy, thereafter applicant forced victim to convert in Muslim religion, she was again raped there and by luck escap
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....
The court reinforced that allegations of sexual misconduct and coercion must be taken seriously, emphasizing the gravity of the offense and the need to protect the victim's dignity and safety.
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....
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