S. G. CHATTOPADHYAY
Supradip Das – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
1. Heard Mr. Sankar Lodh, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned Addl. Public Prosecutor representing the State.
2. Petitioner is an accused in Birganj P.S Case No.2022/BRG/002 which has been registered for commission of offence punishable under Sections 376 , 313, 506, 509, 323 read with Section 34 IPC. Apprehending arrest in the case, petitioner has filed this application under Section 438 Cr.P.C for granting pre-arrest bail to him.
3. The case was registered on the basis of the written FIR lodged by the victim of this case wherein she alleged that the accused is a neighbour of her. Father of the accused had a very good relationship with her father and the family members of the accused including the accused used to visit their house regularly. The accused and the victim thus developed an intimacy. On 15.09.2021 accused came to her house and gossiped with her over a long period of time. The other house inmates were away from home at that time. Taking the opportunity, accused committed rape on her. When she divulged the incidence to her guardians, they called the parents of the accused. Father of the accused in a village meeting assured
Pre-arrest bail under Section 438 Cr.P.C. is a discretionary measure and should not impede a fair investigation, particularly in serious charges like rape where duress may negate consent.
(1) Rape – Sexual relationship between two willing adult partners will not amount to rape coming within purview of section 376 of IPC, unless consent for sex was obtained by a fraudulent act or misre....
Bail granted due to lack of evidence for custodial necessity and initial consent in alleged acts.
Rape - Conviction confirmed and Bail rejected - Accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such an a....
Anticipatory bail is an extraordinary remedy, granted only in exceptional circumstances, particularly in serious offences like rape, where misrepresentation of marital status is involved.
Anticipatory bail under Section 438 requires consideration of the nature of the offence, potential for influencing investigation, and discretion of the court.
The legal principle established is that consent must involve active and reasoned deliberation, and a false promise of marriage must be given in bad faith with no intention of being adhered to at the ....
Consent given under a false promise to marry must be proven as knowingly false from the outset for an accusation of rape to succeed; consensual relationships later turning sour do not invoke criminal....
Consent obtained on false promises of marriage does not constitute valid consent under Section 375 of the IPC.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.