The Jharkhand High Court in the case observed and has dismissed the rape case filed by the woman who was the married adult, wherein noted that she was fully aware of the potential consequences of engaging in a physical relationship with another person.
The court observed and has ruled that the accused could not be deemed to have obtained her consent under false pretence, thus, the court quashed the charges based on an alleged promise of marriage.
The bench headed by Justice Subhash Chand in the case observed that the victim being the major since the very time when she came in contact with the accused and while during the love affairs of the victim with the accused Abhishek Kumar Pal at college time, thus, the victim was major, while the accused being minor at that time being 2 years younger to the victim.
The court with regards to the allegations made in FIR itself and the evidence collected by the Investigating Officer. The court stated that there being no sufficient ground to make out the offence as stated under Section 376 of the Indian Penal Code, 1860 against the accused, as such, the impugned order passed by the learned Court below in rejecting the discharge application of the petitioner bears illegality and the same needs interference.
Accordingly, the court set aside the order passed and discharged the petitioner from the charge being framed under Section 376 of the Indian Penal Code, 1860.
The counsel, Sr. Advocate, Mr. Rajeeva Sharma appeared for the petitioner.
The counsel, A.P.P.Mr. Abhay Kumar Tiwari, appeared for the State. The counsel, Advocate Mr. Sunil Kumar represented the O.P. No.2.