Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Application against framing of charges Allegation of physical relations by accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - ss. 90, 375, 376 and 406 - Allegation of physical relations by accused with the victim on promise to marry her - Charges u/ss. 376 and 406 - Application against framing of charges dismissed summarily by High Court - On appeal, held: Promise to marry without anything more will not give rise to "misconception of fact" within the meaning of s. 90 - But a representation deliberately made by the accused with a view to elicit the assent of the victim without having the intention to marry her, will vitiate the consent and the accused will come within the ambit of s. 375 - Such intention is to be elicited from the facts of the case - ss. 376 and 406 prima facie do not appear to have any application in the present case - Matter remitted to High Court for fresh consideration.Words and Phrases - 'Consent' - Meaning of in the context of s. 90 IPC.Respondent No.2 lodged an FIR alleging that appellant-accused had sexual relations with her on an assurance that he would marry her. Later he also accepted her before Deity and entered into an agreement of marriage. Thereafter he had intentions to marry another lady. Charge-sheet was filed against the accused u/ss 376 and 406 IPC. He filed application for discharge, but the same was rejected and charges were framed. The application challenging framing of charges, was dismissed summarily by High Court. Hence the present appeal.Appellant-accused contended that s. 376 IPC was not applicable because the physical relations were on the consent of the respondent, and that s. 406 was not applicable as there was no allegation of any entrustment of any property.Respondent-State contended that though prima facie ss. 376 and 406 were not applicable, but the case is covered u/ss. 415 and 493 IPC; but there was no scope for interference, as the charges can be altered during trial. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 842 |
Petitioner | Pradeep Kumar@ Pradeep Kumar Verma |
Respondent | State Of Bihar And Anr. |
SCR | [2007] 9 S.C.R. 58 |
Judgement Date | 2007-08-17 |
Case Number | 1086 |
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