Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ACHAL KUMAR PALIWAL
Ajay Kumar Choudhary – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background and context of the case. (Para 2) |
| 2. parties' arguments regarding the framing of charges. (Para 3 , 4 , 5 , 6) |
| 3. factors affecting decision on charges. (Para 7 , 8 , 9) |
| 4. legal principles regarding consent and misconception. (Para 10 , 11 , 12 , 13) |
| 5. conclusions drawn from evidence and applicability of law. (Para 16 , 18 , 19 , 20) |
| 6. court's final decision and order. (Para 22 , 23) |
ORDER :
Achal Kumar Paliwal, J.
With the consent of learned counsel for the parties heard finally at motion stage.
2. Present criminal revision petition has been filed under Section 397 /401 of Cr.P.C. assailing order dated 05.10.2021 whereby charge under Section 376 (2)(n) and 376 of IPC has been framed against present applicant.
3. Learned counsel for the applicant submits that in the instant case, alleged incident is said to have occurred from 08.03.2020 to 25.02.2021 and FIR has been lodged on 5.04.2021. It is also urged that prosecutrix is a guest teacher aged 24 years. Learned counsel for the applicant also submits that applicant was ready to marry prosecutrix but when family members of prosecutrix went to meet maternal uncle and aunt of applicant for discussing th
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 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 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.
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.
Consent obtained through a false promise of marriage negates its validity, establishing grounds for rape under Sections 375 and 376(2)(n) IPC.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
