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KARNATAKA HIGH COURT
J.M.KHAZI, J
HARISH S/O SHIVAMURTHAPPA – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. overview of the petition process and allegations. (Para 1 , 2 , 8) |
| 2. arguments of both sides regarding the validity of the complaint. (Para 3 , 4) |
| 3. court's critical observations on consent and relationship dynamics. (Para 5) |
| 4. analysis of the nature of consent and contradictions. (Para 7 , 9 , 10) |
| 5. final ruling and implications on further proceedings. (Para 11 , 12 , 13 , 14) |
ORAL ORDER
2. In support of the petition, the petitioner has contended that he is innocent of the offences and a canard has been stitched against him. As per the prosecution case, prosecutrix was having physical relationship with the petitioner since two years. However, she has not chosen to file complaint at the earliest available opportunity which itself indicates that it is an afterthought. It is a case of consensual sexual relationship between the prosecutrix and petitioner and as such provision of sub-section 376 of IPC are not attracted. The averments that they had prolonged sexual relationship and also the allegations that petitioner used to have sexual intercourse with prosecutrix against her consent and contradiction to one another. When the prosecutrix was aware of the engagement o
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