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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Neeraj Kumar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application challenging charge sheet based on serious allegations. (Para 1 , 3) |
| 2. allegations of repeated rape and blackmail established. (Para 4 , 5) |
| 3. claims of delayed fir and victim's statements analyzed. (Para 6 , 12) |
| 4. argument regarding consensual vs non-consensual nature of relations. (Para 14 , 19) |
| 5. court considers evidence and allegations for trial necessity. (Para 15 , 16 , 20 , 22) |
| 6. court quashes charge sheet and proceedings. (Para 24 , 25) |
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 Anu
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....
Prolonged consensual relationships do not constitute rape due to non-fulfillment of marriage promises unless coercion is evident; criminal proceedings are misused if initiated post-breakup.
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.
The need for corroboration in cases based solely on the victim's testimony, especially in cases of inordinate delay in lodging the FIR, and the importance of fair consideration for both the victim an....
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.
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