Supreme Court of India · 2024-01-09
MOHD. JULFUKAR vs THE STATE OF UTTARAKHAND
- Citation / case number
- SC 2022/35972
- Court
- Supreme Court of India
- Petitioner
- MOHD. JULFUKAR
- Respondent
- THE STATE OF UTTARAKHAND
- Author
- B.R. GAVAI
- Bench
- HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE B.R. GAVAI
Judgment text excerpt
The Supreme Court upheld the High Court's decision rejecting the appellant's plea to quash proceedings under Sections 376 and 506 IPC, emphasizing that the complainant's statement indicated she was forced into marriage, which negated the establishment of consent necessary for the offence under Section 376 IPC. The Court noted that the relationship post-marriage did not constitute an offence as the ingredients of rape were not satisfied. The appeal was dismissed, affirming the lower court's ruling.