Jaspal Singh Kaural vs State Of NCT Of Delhi 2025 INSC 457 - Rape - Promise To Marry - Framing Of Charges
Indian Penal Code 1860 - Section 375 - Mere fact that physical relations were established pursuant to a promise to marry will not amount to a rape in every case. An offence under Section 375 IPC could only be made out, if promise of marriage was made by the accused solely with a view to obtain consent for sexual relations without having any intent of fulfilling said promise from the very beginning, and that such false promise of marriage had a direct bearing on the prosecutrix giving her consent for sexual relations. (Para 14) - Referred to of Naim Ahmed Vs State (NCT) of Delhi [2023] 15 SCC 385.
Code of Criminal Procedure 1973 - Section 227- At the time of framing of charge, a mini trial is not permissible and the Trial Court has to proceed with the material brought on record by the prosecution and determine whether the facts emerging from the material taken on its face value, disclose the existence of the ingredients necessary of the offence alleged. (Para 16) - Section 397 -401 - The scope of interference and exercise of revisional jurisdiction is extremely limited and should be exercised very sparingly, specifically in instances, where the decision under challenge is grossly erroneous, or there is non- compliance of the provisions of law, or the finding recorded by the trial court is based on no evidence, or material evidence is ignored or judicial discretion is exercised arbitrarily or perversely by framing the charge. (Para 17)
