Jharkhand High Court Discharges Accused in Rape Case -Consensual Relationship
In a significant ruling, the High Court of Jharkhand, under the bench of Hon’ble Mr. Justice Subhash Chand, has discharged an accused in a case involving a consensual relationship. The accused had challenged the order rejecting his discharge application under Section 376 of the Indian Penal Code.
The case revolved around the accused and the victim who were in a consensual relationship for several years. The victim was of major age at the time of the alleged incidents. The accused was accused of alluring her into establishing physical relations under the promise of marriage, after the victim had divorced her former husband.
Justice Subhash Chand observed, “The allegations indicate awareness of consequences, and the consent was not obtained under misconception. No sufficient ground exists to make out an offence under Section 376 IPC.” The court set aside the impugned order rejecting the discharge and discharged the accused.
This judgement highlights the importance of understanding the circumstances and context surrounding consensual relationships, and how the law should be applied in such cases.
The ruling takes into account previous cases as well, such as the judgement in Pramod Suryabhan Pawar Vs. State of Maharashtra and Anr., where the Supreme Court differentiated between false promises of marriage and breach of promise made in good faith.
This judgement contributes to the ongoing discourse about consent, awareness, and accountability within relationships, and serves as a reminder of the delicate balance required in such cases.
Date of Decision: 30/08/2023
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