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.