Case Note & Summary
<p>The Appellant, a former judicial officer, sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC, alleging a consensual relationship with the Complainant -- The High Court dismissed his revision petition Hpowever Supreme Court terminate the proceedings- Appeal allowed
Headnote
Criminal Law- Code of criminal Procedure, 1973- Sections 227, 482 and 402-- Indian Penal Code, 1860-- Sections 376, 417 and 506-- Complaint u/s 376, 417 and 506 of IPC-- Rape-- Appellant/accused was serving as judicial officer-- Respondent no.2/complainant came into contact with appellant during pendecy of litigation arising out of a marital discord with her ex-husband-- Assurance to marry with the complainant as alleged by complainant-- Allegations of physical relation developed between appellant and complainant under the pretext of marriage-- Divorce of complainant finalished with her ex-husband-- Appellant alleged to have started avoiding complainant-- Complaint of rape filed-- Anticipatory bail granted to the appellant-- Cognizance taken by court of Ld. Magistrate-- Aggrieved-- Challenged by appellant-- Dismissal of plea of discharge-- Revision-- Dismissal by high court-- Aggrieved- Challenged to the dismissal order-- Awarness on the part of complainant before developing relationship with appellant-- Financial help received by the complainant from appellant-- No case of 'misconception of fact'-- No case of "Rape on the false pretext to marry"-- Case of Pramod Suryabhan Sonar (Supra) referred-- No possibility to develop physical relationship with the appellant only on account of marriage-- Consensual relationship- No evidence of fraudulent intention-- Inconsistencies in the statement of complainant u/s 164 of CRPC-- Proceedings terminated-- Impugned order set aside-- Appeal Allowed Para-- 14, 15, 16, 17, 18, 19, 20
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Issue of Consideration: Whether the allegations against the Appellant constitute offences under Sections 376(2)(f), 417, and 506 IPC, and whether the case is fit for discharge under Section 227 CrPC
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Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's refusal to discharge the Appellant -- Directed the Appellant to face trial as a prima facie case exists under Sections 376(2)(f), 417, and 506 IPC
