Supreme Court of India · 2007-08-17
PRADEEP KUMAR @ PRADEEP KUMAR VERMA vs STATE OF BIHAR
- Citation / case number
- SC 2006/8472
- Court
- Supreme Court of India
- Petitioner
- PRADEEP KUMAR @ PRADEEP KUMAR VERMA
- Respondent
- STATE OF BIHAR
- Author
- ARIJIT PASAYAT
- Bench
- D.K. JAIN DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the rejection of the appellant's discharge application under Section 227 of the Code of Criminal Procedure, 1973, in a case involving allegations of rape and criminal breach of trust under Sections 376 and 406 IPC. The Court found sufficient material indicating the appellant's complicity in the crime, emphasizing that consent obtained under a false promise of marriage does not constitute valid consent. The Court clarified that the ingredients for Section 406 IPC were not met, as there was no allegation of entrustment of property, thus affirming the lower court's decision.