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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Neeraj Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AVNISH SAXENA, J.
1. The present application under Section 528 BNSS has been moved by the accused-applicants to quash the Charge Sheet No. 70/2025 dated 12.02.2025, the cognizance taking order dated 28.02.2025 and the entire proceedings of Criminal Case No. 1686/2025 ( State Vs. Neeraj Kumar and another ) arising out of Case Crime No. 883/2024, for offence under Section 376(2)(n), 323 & 506 IPC and Section 67 of Information Technology (Amendment) Act, Police Station-Izzatnagar, District- Bareilly against applicant no. 1 and Sections 354(d) & 506 IPC and Section 67 of Information Technology (Amendment) Act against applicant no. 2.
2. Heard Shri Amit Kumar Srivastava, learned counsel for applicants, Shri Anurag Kumar Pandey, learned counsel for opposite party no. 2 and Shri Chandra Badan, learned A.G.A. for State.
3. The first information report has been lodged by opposite party no. 2 on 01.12.2024 at 20:37 hours against the accused applicants alleging therein that opposite party no. 2 (victim) is a married woman whose husband is in Army. During her preparation of PCS (Provincial Civil Service), she became friend with one Mamta, who has introduced the victim with her brother a
The court quashed the charge sheet due to lack of corroborative evidence and substantial credibility concerns surrounding the victim's testimony, questioning the validity of consent obtained under co....
The court emphasized that continuous consensual relationships should not lead to criminal charges of rape unless compelling evidence of deception is established, reflecting the need to distinguish be....
Consensual relationships under false pretenses of marriage do not equate to rape; absence of evidence supporting non-consent leads to acquittal.
Section 375 defines rape: A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following d....
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Consent obtained under threat or misconception is invalid; initial coercive acts establish a prima facie case of rape.
The court determined that allegations involving false promise of marriage and deceit necessitate a trial, given the complexities of consent in a long-term relationship.
The victim's inconsistent testimony and lack of corroborative evidence led to the acquittal of the accused, emphasizing the importance of reliable evidence in sexual assault cases.
Consent obtained under a false promise of marriage does not constitute rape if the relationship is consensual and longstanding, as established in relevant legal precedents.
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