Back
GAJENDRA KUMAR
Aruni Mittal – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. allegations of long-term abuse. (Para 2 , 3 , 4) |
| 2. defense claims prosecution is false and politically motivated. (Para 5 , 6 , 8 , 10) |
| 3. accused's argument on inconsistencies in victim's statements. (Para 7 , 9 , 11 , 12) |
| 4. intent and nature of consent in sexual relations. (Para 15 , 16 , 18 , 19) |
| 5. distinctions about consent and misconception vis-a-vis relationships. (Para 17) |
| 6. court quashes criminal proceedings. (Para 21 , 22 , 23) |
JUDGMENT :
Gajendra Kumar, J.
1. Heard Sri Ayush Kaushik learned counsel for the Applicants, learned AGA and Sri Nitin Sharma along with Sri Dileep Kumar Pandey learned counsel for the opposite party no.2 and perused the records.
2. The present criminal misc. application u/s 482 has been filed for the quashment of the chargesheet dated 3.9.2021 and cognizance/summoning order dated 17.11.2021 passed by the learned Addl. Chief Judicial Magistrate, Court No. 5, Meerut as well as entire criminal proceedings of Crl. Case no. 20577 of 2021 ( State vs. Aruni Mittal and others ) by which the applicants have been summoned in Case Crime No. 141 of 2021 under Section 376 , 506 and 120-B, I.P.C, P.S. Civil Lines, District Meerut.
3. The prosecuti
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 misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
