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PRAMOD KUMAR AGRAWAL
Prashant Gupta – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The applicants/accused has filed this criminal revision under section 397 read with section 401 of Cr.P.C. against the order dated 22.8.2023 passed by the 10th Additional Sessions Judge, Bhopal in Sessions Trial No. 791/2022, whereby the charges under section 376 r/w 34, 190 and 506-II of IPC have been framed against the applicants.
2. Brief facts of the case are that on 21.8.2022 prosecutrix lodged a report at Police Station Chhola Mandir, District Bhopal Dehat alleging that co-accused Abhishek Gupta (son of applicant No.2 and brother of applicant No.1) lived in her neighbourhood, therefore, she was acquaintance to him. On 12.4.2021 co-accused Abhishek Gupta came to her house and proposed her for marriage to which she agreed. On 08.07.2021, prosecutrix went to the house of accused and gave her consent regarding marriage with Abhishek to his mother (applicant No.2) and his brother (applicant No.1). At that time, applicants forcibly sent the prosecutrix with co-accused Abhishek and closed the door of room where Abhishek made physical relation with prosecutrix. On 2.8.2021, in New Shikha Hotel, co-accused Abhishek and prosecutrix exchanged rings. Abhishek assured her for marri
The absence of specific allegations against the petitioner regarding gang rape under Section 376D of the IPC necessitates the setting aside of the charge, reaffirming the need for prima facie evidenc....
At the charge framing stage, only a prima facie case must be established, allowing for charges to be framed based on strong suspicion without detailed evaluation of evidence.
The voluntary nature of consent given by the prosecutrix in cases of sexual assault and the significance of the surrounding circumstances in determining the consent.
The court emphasized that the determination of consent in sexual offenses must be established through trial evidence, not at the charge framing stage.
The court upheld the framing of charges against the applicant for aggravated penetrative sexual assault, emphasizing the sufficiency of prima facie evidence at the charge stage.
At the charge stage, only a prima facie case is required; minor delays in reporting sexual offences do not discredit the victim's account.
The main legal point established in the judgment is the application of legal provisions related to marital cruelty, unnatural intercourse, and the burden of proof in cases of allegations of false all....
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