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HIGH COURT OF JUDICATURE AT ALLAHABAD
ANIL KUMAR-X
Abhinash Sharma Alias Avinash Sharma – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ANIL KUMAR-X, J.
1. Heard Shri Prashant Singh and Shri Santosh Kumar Pandey, learned counsels for the appellant, Shri Jyoti Bhushan, learned counsel for the respondent/informant and Shri K.K. Gupta, learned AGA for the State-respondent.
2. This criminal appeal under Section 14-A(1)) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeks quashing of the entire criminal proceeding in Sessions Case No.291 of 2024 (State Vs. Abhinash Sharma @ Avinash Sharma), under Section 376, 504, 506 I.P.C. & Section 3(1)Da, 3(1)Dha, 3(2)5 of Prevention of Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station Bilariyaganj, District Azamgarh (arising out of Case Crime No.135 of 2024), pending before the Special Judge (S.C./S.T.) Act, Azamgarh including the summoning order 13.09.2024 passed by learned Special Judge (S.C./S.T.) Act, Azamgarh.
3. Briefly stated, the facts are that an FIR was lodged by the informant, Smt. Geeta w/o Bhola, resident of Village Tohfapur, District Azamgarh, against the appellant on 4.5.2024. She alleged that her daughter (the victim) was trapped by the appellant in a love relationship, and
Establishing criminal liability for rape based on a false promise of marriage requires evidence of original intent to deceive; an absence of such intent invalidates claims of rape under IPC.
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.
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
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....
The legal principle established is that consent given under a false promise of marriage must involve an active and reasoned deliberation, and the promise of marriage must have been a false promise gi....
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
Rape – Consensual sexual intercourse between two adults is not rape.
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