No coercive action during investigation against rape-accused where prima facie consent of complainant found

Rajendra Kumar Swain Vs State of Uttarakhand

Uttarakhand HC

28/01/2020

Writ Petition Criminal No. 187 of 2020

About/from the judgment:

The High Court allowed a petition filed under Article 226 of the Constitution of India challenging the impugned First Information Report dated 28-12-2019, seeking a writ of certiorari to quash the impugned FIR; and a writ of mandamus, commanding and directing the Respondents 1 & 2 not to arrest the petitioner in connection with the FIR.

 

The FIR stated that Respondent 3 had some conflict with her husband and the petitioner gave emotional support to her, later, they ended up in a hotel having physical relations in Dehradun, further, it stated that they again met in a hotel in Mumbai after few months. Respondent 3 stated that she wanted him to marry her or secure the future of her children.

 

The counsel for the petitioner Ranveer Singh Kundu and Raj Kumar Singh submitted that in the first instance given by the respondent the petitioner was detained at RVC Centre and College, Meerut Cantt. on duty, and regarding the second instance the petitioner did not go to Mumbai in the month mentioned by the respondent.

 

The Court while allowing the petition directed that no coercive action shall be taken against the petitioner as the respondent was an adult and had her willful consent in the physical relations.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.