Judgments- Exception Of Marital Rape U/S-376 IPC

[Judgments Supreme Court Of India & Judgments High Courts Of Indian States] 

  • Abhishek Chouhan Vs SO MP- MP High Court, Indore, Judgment Dated- 02.08.2021- Held, in majority of the cases of rape, the defence of the accused is that the prosecutrix was a consenting party and in most of the cases the accused gets the benefit of doubt also, but in the considered opinion of this Court, barring some exceptions, India are a conservative society, it has not yet reached such level (advance or lower) of civilization where unmarried girls, regardless of their religion, indulge in carnal activities with boys just for the fun of it, unless the same is backed by some future promise/assurance of marriage and to prove her point, it is not necessary every time for a victim to try to commit suicide as in the present case- Further held, It is also held that, a boy who is entering into a physical relationship with a lass must realize that his actions have consequences and should be ready to face the same as it is the girl who is always at the receiving end because it is she who runs the risk of being pregnant and also her ignominy in the society, if her relationship is disclosed. 
  • Raju- Having consensual sex with major girl not offence but immoral, against Indian norms. 

Judgments- Rape On Promise To Marry 

[Judgments Supreme Court Of India & Judgments High Courts Of Indian States] 

  • Araj SK Vs State Of West Bengal- 13 September, 2000 
  • Pramod Suryabhan Pawar Vs State of Maharashtra- (2019) 9 SCC 608- Issue, concept of consent under Section 375 of the IPC, 1860- Rape Case based on promise to marry-  
  • Sonu Alias Subhash Kumar Vs. State of Uttar Pradesh- 2021 (2) JKJ (SC) 337-  
  • Saleha Khatoon vs State Of Bihar- 28 April, 1988 
  • Jayanti Rani Panda Vs State Of West Bengal- 16 June, 1983- 
  • Anurag Soni Vs The State Of Chhattisgarh- 9 April, 2019 
  • Abhhey Chopra Vs SO UP- Consensual Sex- Promise to marriage- Dating sites are not an indication to have judgment on anybody’s virtues. Merely, two adults meet on a dating site, and on the third day of meeting him, exchange of words are able to garner confidence that the other party is willing to marry and in the name of marriage, if physical favour is sought, then that will not amount to characterizing a victim, as a person of easy virtues having consented to physical relationship without there being any provocation like promise to perform marriage.  

Judgments– Exception Of Marital Rape U/S-377 IPC 

[Judgments Supreme Court Of India & Judgments High Courts Of Indian States] 

  • Naz Foundation Versus Government of NCT of Delhi and Others, W.P(C) 7455/2001, Judgment Dated- 02.07.2009, Chief Justice & S. Muralidhar, Delhi High Court. [Full PDF Judgment]- The Court held as follows: “Section 377 IPC, insofar it criminalizes consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution. The provisions of Section 377 IPC will continue to govern non-consensual penile non-vaginal sex involving minors.”. The High Court Order was challenged before the Hon’ble Supreme Court of India- The particulars of the Supreme Court Civil Appeal are as follows: Suresh Kumar Koushal and another Versus NAZ Foundation and others, Civil Appeal No. 10972 Of 2013, Judgment Dated: 11.12.2013, Bench: G.S. Singhvi & Sudhansu Jyoti Mukhopadhaya, JJ, Supreme Court Of India [Full PDF Judgment]- SC set aside High Court Order, Observing as follows: “54. In view of the above discussion, we hold that Section 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High court is legally unsustainable.”. 

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