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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Prem Narayan Singh
Indrajeet Singh – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Prem Narayan Singh, J.
1. Present revision petition has been filed on behalf of the petitioners being aggrieved by the order dated 25.07.2022 passed in ST No.400/2021 by 8th Additional Session Judge and Special Judge (EOW), Indore whereby the learned Judge has dismissed the application of the petitioner filed under Section 227 of Cr.P.C. and framed the charges against the petitioners under Section 376 (2)(n) of IPC.
2 . According to the prosecution story, an application has been submitted on 10.02.2021 at Police station Lasudiya, Indore by the complainant/prosecutrix by submitting that she is living in Indore since 2017 and worked as a Architect designer, since 2018 she is working at lotus company, she met with the applicant Inderjeet, they become good friends and like each others. Inderjeet told her that he like her and wants to liver with her and in the Month of January, 2019, he made physical relationship till December 2020 on the pretext of marriage. She always asked him for marriage but he ignored her. She tried to leave him, but he could not made it possible. Thereafter, she has also asked about some other in his life but, he refused the same then she has stated that the
Consent obtained through a false promise of marriage negates its validity, establishing grounds for rape under Sections 375 and 376(2)(n) IPC.
Consent under Section 375 IPC can be vitiated by a false promise of marriage only if it is proven that such promise was made without any intention to fulfill it at the time of the promise.
Consent given under a misconception of fact does not constitute valid consent for rape; a distinction exists between a false promise of marriage and a breach of promise.
Consent obtained under a false promise to marry does not constitute valid consent for sexual acts; the court must evaluate the intention behind the promise and the circumstances surrounding the conse....
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
The main legal point established is the requirement for a prima facie case and the judicial duty to weigh the evidence before framing charges, especially in cases involving false promise of marriage ....
The validity of consent in cases involving a false promise to marry and the application of Section 90 of IPC to determine the impact of a false promise on consent.
Consent in sexual relationships requires active understanding and cannot be deemed vitiated solely by false promises of marriage unless proven that such promises were made in bad faith.
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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