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Supreme Court of India · 2025-03-24

Jothiragawan vs The State Rep. By The Inspector Of Police

Court
Supreme Court of India
Petitioner
Jothiragawan
Respondent
The State Rep. By The Inspector Of Police
Author
Sudhanshu Dhulia
Bench
Sudhanshu Dhulia

Judgment text excerpt

The Supreme Court examined whether the rejection of an application under Section 482 of the Criminal Procedure Code by the Madras High Court was justified in a case involving allegations of rape. The appellant argued that the interactions between the accused and complainant indicated consensual relations, with no promise of marriage or coercion. The Court emphasized the importance of consent and the absence of inducement through marriage promises in such cases. The judgment underscores the need for clear evidence of non-consent for prosecution under rape laws, and the Court upheld the High Court's decision to dismiss the application.

Jothiragawan vs The State Rep. By The Inspector Of Police · Niyam