Supreme Court · 2022 INSC 827 · Decided 12 August 2022

Shambhu Kharwar v. State of Uttar Pradesh & ANR.

Court
Supreme Court of India
Citation
2022 INSC 827 · [2022] 7 S.C.R. 156
Case number
CRIMINAL APPEAL No. 1231/2022
Decided
12 August 2022
Bench
D.Y. CHANDRACHUD, A.S. BOPANNA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 376, 375; CrPC Section 482, 173

Headnote

Penal Code 1860: ss. 376, 375 - Punishment for rape - Necessary ingredients of s. 375 - On facts, accusation of rape by the second respondent-women against the appellant-man on the pretext of marriage - Application by appellant seeking quashing of criminal offence punishable u/s. 376 - Dismissed by the High Court - On appeal, held: Relationship between the parties-appellant and the second respondent purely consensual in nature - They are both educated adults - Relationship of the second respondent with the appellant was in

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