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january 2024

Supreme Court of India · 2024-01-30

Sheikh Arif vs The State Of Maharashtra

Court
Supreme Court of India
Petitioner
Sheikh Arif
Respondent
The State Of Maharashtra
Author
Abhay S. Oka
Bench
Pankaj Mithal, Abhay S. Oka

Judgment text excerpt

The Supreme Court addressed the validity of a First Information Report filed under Sections 376(2), 377, 504, 506 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989. The Court held that the question of whether the relationship was based on a false promise of marriage is a matter for trial, emphasizing that consent obtained through fraud is not valid. The Court found that the prosecution should not be dismissed at this stage, allowing the case to proceed for further examination of evidence.

Sheikh Arif vs The State Of Maharashtra · Niyam