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SUBODH ABHYANKAR
Sachin Jain – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. They are heard. Perused the case-diary.
2. This petition has been filed under section 482 of Cr.P.C. for quashing the First Information Report (FIR) registered at Crime No.47 of 2020, under sections 376, 294 and 506 of IPC at Police Station Mahila Thana, Palasia, Indore on 21.07.2020, as also the subsequent charge-sheet filed in the case, which is pending before the VIII Additional Sessions Judge, Indore as S.T. No.95 of 2021.
3. In brief, the facts giving rise to the present petition are that on 21.7.2020, an FIR has been lodged by the prosecutrix against the present petitioner under sections 376, 294 and 506 of IPC, stating that she is a resident of Indore and is a divorcee having a four years' old son, residing with her mother, brother and sister-in-law. Further, her case is that she wanted to settle in life once again, and with this purpose to remarry, she uploaded her bio data on a matrimonial site for marriage and subsequently the present petitioner Sachin Jain showed his interest in her, and spoke to her on telephone and after satisfying that she is a divorcee started talking to her from 30.8.2019. Thereafter, the petitioner left for China and came back in the month
(1) Rape – In every case of rape, act of sexual intercourse must be forcible and without consent of woman/lady – Consent obtained by fraud amounts to no consent.(2) Misconception of fact – Breach of ....
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
The court established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
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