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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Sanjay @ Sanjay Kashyap – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Heard Sri Ashwani Kumar Singh, learned counsel for the applicant, Sri Mahesh Kumar Sahani, learned counsel for opposite party no.2/ victim and Sri Prashant Kumar Singh, learned A.G.A. for State- opposite party no.1.
2. Present application under Section 528 B.N.S.S. has been preferred for quashing the charge-sheet dated 09.06.2024 and cognizance order dated 08.02.2025 as well as entire criminal proceeding of Case No.159 of 2025, arising out of Case Crime No.238 of 2024, under Sections 376, 323, 342 and 506 of I.P.C., Police Station Pipraich, District-Gorakhpur, pending in the court of J.M./ Civil Judge Junior Division-14, Gorakhpur.
3. The brief facts of the case are to the effect that a First Information Report was lodged by opposite party no. 2/victim of the present case, which was registered on 30.03.2024 at 16:55 hours as Case Crime No. 238 of 2024, under Sections 376, 323, 342, and 506 I.P.C. at Police Station Pipraich, District Gorakhpur. The date and time of the incident have not been mentioned in the FIR. It is alleged in the FIR that the victim met the applicant a year ago in a marriage ceremony. The applicant purchased a mobile phone and gif
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
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.
A breach of promise to marry does not constitute rape unless it can be proven that the promise was made with intent to deceive from the outset.
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....
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.
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