- Case
- RAJNISH SINGH @ SONI v. STATE OF U.P. (Supreme Court of India, 03-03-2025)
- Law
- Indian Penal Code, Code of Criminal Procedure.
Indian Penal Code, 1860: The judgment discusses Sections 313, 376, 384, 323, 504, and 506 of the IPC. Section 313 IPC (causing miscarriage without woman's consent) was initially invoked, but the Investigation Officer deleted it. The court analyzes whether the appellant is liable to be prosecuted for rape under Section 376 IPC based on a false promise of marriage, considering the complainant's allegations and the prolonged relationship. Sections 384 (extortion), 323 (voluntarily causing hurt), 504 (intentional insult), and 506 (criminal intimidation) IPC were also invoked in the FIR, but the court ultimately concludes that allowing prosecution under these sections would be a gross abuse of the process of law, given the nature of the relationship. The court refers to Section 90 IPC regarding consent obtained under misconception of fact, stating it cannot be called into aid to pardon the girl's actions and fasten criminal liability unless the accused never intended to marry her.
Code of Criminal Procedure, 1973: The judgment refers to Section 161 CrPC regarding the recording of statements of witnesses during investigation, noting inconsistencies in the complainant's statement recorded under this section. Section 164 CrPC is also mentioned in relation to recording of statements. Section 173(2) CrPC is discussed in the context of the police report submitted after investigation, noting that the Investigation Officer deleted Section 313 IPC in the report. Section 482 CrPC is mentioned as the provision under which the appellant filed a criminal petition seeking quashing of the proceedings in the High Court.
