...pressed into service. Hence, the sole question involved herein is whether her consent had been obtained on the false promise of marriage. Thus, the provisions of Sections 417, 375 and 376 IPC have to be...false promise. Thus, the court must examine whether there was made, at an early stage a false promise of marriage by the accused; and whether the consent involved was given after wholly understand...appellant, as stands fully established from the evidence on record, we fail to understand on what basis the allegation of “false promise of marriage” has been raised by the prosecutrix. We also fail to...

...):“21. … There is a distinction between the mere breach of a promise, and not fulfilling a false promise. Thus, the court must examine whether there was made, at an early stage a ...a false promise. Thus, the court must examine whether there was made, at an early stage a false promise of marriage by the accused; and whether the consent involved was given after wholly...must be established. The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. The false ...

...Constable. A complaint was filed against the petitioner on 26.11.2019 by the prosecutrix for illegal blackmailing and false promise of marriage wherein the General Security Force Court trial...read with Rule 167 of the BSF Rules and confirm the sentence in a time bound manner. 2. The brief facts of the case are that the petitioner joined the BSF on 01.06.2002 on the rank of...

...false promise of marriage or it was a mere breach of promise by the accused. According to her, the courts below had rightly appreciated the evidence of the prosecutrix for arriving at the conclusion...or deception. There is a distinction between the mere breach of a promise, and not fulfilling a false promise. Thus, the court must examine whether there was made, at an early stage a false ...whether the accused had actually wanted to marry the victim, or had mala fide motives, and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating...

...daughters. It was alleged that the appellant used to come to the complainant's house every day and had sexual intercourse with the complainant forcibly and without her consent by giving false promise of marriage....be established. The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. The ...false promise that he would marry her. In this regard, it has to be considered whether Page 14 of 21 making a ...

...uncle regarding her marriage and he would marry her and on the said belief/false promise of marriage, applicant is said to have made physical relationship with her and for about one year he used to make..., allegation against present applicant is that he has given false promise of marriage to the prosecutrix and committed rape with informant. It is further argued that in a case where rape is committed by making...false promise of marriage, no offence under Section 376 IPC can be said to be attracted. Further, submission of learned counsel for the applicant is that applicant has been falsely implicated in the...

...distinction between the mere breach of a promise, and not fulfilling a false promise. Thus, the court must examine whether there was made, at an early stage a false promise of ...from the testimony of PWs 1, 2 and 3 and before the panchayat of elders of the village. It is more than clear that the accused made a false promise that he would marry her. Therefore, the intention of the accused right from...accused to marry the prosecutrix was a false promise and from the very beginning there was no intention of the accused to marry the prosecutrix as his marriage with Priyanka Soni was already fixed...

...Bibek Chaudhuri, J.:— Specific allegation against the petitioner is that marriage of the petitioner was settled with the de-facto complainant on the basis of negotiation by the family members ...the consent based on “mis-conception of fact” is not a voluntary consent in the eye of law. When a woman is made to be involved in sexual relationship on false promise of marriage and her consent ...marriage and established physical relationship...

...were not bona fide. The defence of a consensual relationship is irrelevant considering that the prosecutrix was fourteen years of age. The appellant had held out a false promise of marriage only t...promise or intentional misrepresentation of marriage leading to establishment of physical relationship between the parties. The prosecutrix was herself aware of the obstacles in their relationship...establish physical relations with the prosecutrix. He never had any such intentions from the very inception, and he obtained the consent of the appellant by a false misrepresentation, which is no...

...applicant under false promise of marriage sexually exploited the informant and she also became pregnant with him and when she informed this fact to him then he refused to perform marriage with her.... 5. Per contra, learned AGA opposed the prayer for bail and submitted that applicant under false promise of marriage sexually exploited the informant and she also became pregnant with...appears that allegation against the applicant is of sexual exploitation of the informant under false promise of marriage and there is not only bald and verbal allegation of sexual exploitation und...

...the petitioner has been falsely implicated in the impugned FIR which mentions a false promise of marriage being made by the petitioner to the daughter of the complainant. On 15.06.2025, it has been...false and no specific proximity has been shown between the alleged false promise of marriage that might lead to a conclusion of the petitioner abetting the suicide of the daughter .... 6. From a perusal of the FIR, this Court finds a cognizable offence is made out of abetment of suicide. Whether the petitioner was involved in extending the false promise of ...

...present case, it is difficult to sustain the charges leveled against the appellant who may have possibly, made a false promise of marriage to the complainant.It is, however...prosecutrix to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on a later date, cannot be said to be given under a misconception of fact. A false...conscious decision, after active application of mind to the events that had transpired. It was further held that at best, it is a case of breach of promise to marry rather than a case of false promise...

...had committed the offence on a false promise of marriage. In the statement under section 164 Cr.P.C., the victim stated that she belongs to Mau and after becoming the friends from Facebook, she met...prosecuted only on the allegation of false promise of marriage whereas the statement itself reveals that the relationship was consensual. He places reliance on the judgment of Pramod ...have opposed the bail application on the ground that the applicant was already married, however he never disclosed the said fact to the victim and on the false promise of marriage, committed the...

...Ray Sahab Yadav, learned counsel for the applicant, learned A.G.A. for the State and, Sri Manoj Kumar Mishra, learned counsel for the informant. 3. Submission is, there was no false promise of marriage as...company. That being the common desire of both parties, no ingredient of offence alleged of rape under false promise of marriage could ever exist. The parties having attained the age of ma...

...) of IPC. According to the prosecution story, on the basis of false promise of marriage applicant made physical relations with the prosecutrx for about one year..., thereafter intimated the relationship developed between them. It is further alleged that the present applicant on false promise of marriage made physical relations with the prosecutrix on many...respondent/State. Case diary is available. Arguments heard. This is first bail application filed by applicant Md. Jawed under section 439 of the Code of...

...no question of making physical relationship on the false promise of marriage. Admittedly the relationship was consensual. The complainant who was married at the relevant point of time cannot be...permitted to contend that her consent was not free, and it was obtained on a false promise of marriage. She out of her own free consent entered into a relationship with the petitioner. Clearly the offence...by the petitioner with respondent No.2 on the false pretext of marriage. It is contended by the learned counsel for the petitioner that the complaint filed by the respondent No.2 was because of a...

...distinction between the mere breach of a promise, and not fulfilling a false promise. Thus, the court must examine whether there was made, at an early stage a false promise of ...inception had mala fide intention and that he had made such false promise of marriage from the very beginning in order to lure the victim to have sexual relations with him, such acts comes under the purview...treated to be a consent.” 9. From the above cited judgments of Hon'ble Apex Court, a position that emerges on the point whether consensual sex on the promise of marriage can be...

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...submitted that consent from the victim by making false promise of marriage does not amount to cheating under offence punishable u/s.420 of I.P.C. 6. In the said case, the Apex Court has...ambit of rape Provided facts concerned have immediate relevance Consent obtained from victim by making false promise of marriage amounts to cheating or deception which leads to misconception of fa...But distinction should be made between not fulfilling false promise by accused and mere breach of promise occurring due to circumstances beyond his control Court must be assured that accused from the very beginning...

...false promise of marriage repeatedly and continuously dislodged the modesty of the prosecutrix. The FIR further records that ultimately the applicant is said to have resiled from the promise so made...false promise of marriage, inasmuch as, the applicant is unmarried. It is then contended that there is a distinction between false promise of marriage and breach of ..., nature and gravity of offence, evidence, complicity of the accused, accusation made coupled with the fact that as per the allegations made in the FIR the present case is a case of breach of promise and n...