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HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Amarjit Pal – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AVNISH SAXENA, J.
1. Heard, Sri Vinay Kumar Jaiswal, learned counsel for the applicants, Ms. Seema Shukla, learned AGA-Ist for the State and Ms. Ankita Pandey, learned counsel for the opposite party no.2. Perused the record.
2. The application under Section 528 B.N.S.S. has been moved by the accused/applicants, son and his mother, respectively for quashing the charge sheet, summoning order and the entire proceedings of Sessions Case No. 1241 of 2025 (State Vs. Amarjit Pal and another) arising out of Case Crime No. 38 of 2025 for the offence under Sections 69, 352, 351(3) BNS and Sections 3, 4 of Protection of Children from Sexual Offences Act, P.S. Barwapatti, District Kushinagar, on the ground argued by learned counsel for the applicants that the allegation of rape is on applicant no.1 on false promise of marriage. The victim has incorrectly shown her age as below 18 years, although she is nearly 20 years of age; the mother of victim has initially moved an application under Section 175(3) BNSS, which was converted to complaint, but subsequently that complaint was withdrawn and the revision petition was dismissed as infructuous, that carries the same prosecution case as is
Consent from a minor is legally invalid, and allegations of sexual intercourse under false pretenses warrant legal scrutiny, confirming the applicability of relevant statutory provisions.
Consent to sexual intercourse vitiated if false promise of marriage given in bad faith from inception with direct nexus to the act, distinguishing from mere subsequent breach, warranting refusal to q....
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.
Consent obtained through deceitful promises, particularly regarding marriage, is invalid and subjects the accused to criminal liability under recent legislative provisions.
Long-term consensual relationships can negate claims of false promise of marriage unless clear evidence of bad faith is presented.
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....
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.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
Consent obtained under a false promise of marriage can constitute rape, but the prosecution must prove foundational facts beyond reasonable doubt.
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