Supreme Court - Daily Orders
Shivashankar @ Shiva vs State Of Karnataka on 6 April, 2018
Bench: S.A. Bobde, L. Nageswara Rao
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.504 OF 2018
(Arising out of SLP(Crl.) No.454 of 2017)
SHIVASHANKAR @ SHIVA .....APPELLANTS
VERSUS
STATE OF KARNATAKA & ANR. ....RESPONDENT
O R D E R
Leave granted.
The appellant has preferred this appeal against the impugned order dated 22-09-2016 passed by the High Court of Karnataka in Criminal Petition No.769/2016, refusing to quash the criminal proceedings in C.C. No.6820/2015 arising out of Crime No.254/2014, for the offence punishable under sections 376, 420, 323 and 506 of the Indian Penal Code (for short, the 'IPC'). The gravamen of the charge against the appellant-accused is that he has raped respondent no.2-complainant. We find from the complaint filed by the complainant that respondent no.2-complainant has lived with the appellant for period of about eight years. Signature Not Verified Further, respondent no.2-complainant has stated that Digitally signed by SANJAY KUMAR Date: 2018.04.11 16:18:13 IST Reason: the appellant “pretended to have loved me” on the promise of marriage, that he applied the Kumkum on her forehead, and tied the Arishina thread to her neck. She further 2 stated that she has been treating the appellant as her husband for the past eight years, and now he is trying to escape from her and cheat her.
Though we are not here concerned with the question whether the appellant and the complainant–respondent no.1 were, in fact, married, we have no doubt that they lived together like a married couple even according to the complainant.
In the facts and circumstances of the present case, it is difficult to sustain the charges levelled against the appellant who may have possibly, made a false promise of marriage to the complainant.
It is, however, difficult to hold sexual intercourse in the course of a relationship which has continued for eight years, as 'rape' especially in the face of the complainant's own allegation that they lived together as man and wife.
In the circumstances, we allow this appeal, set aside the aforesaid impugned order passed by the High Court, and quash the criminal proceedings in C.C. No.6820/2015 arising out of Crime No.254/2014, initiated against the appellant.
....................J [S. A. BOBDE] ....................J [L. NAGESWARA RAO] New Delhi;
April 06, 2018.
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ITEM NO.34 COURT NO.7 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).454/2017
(Arising out of impugned final judgment and order dated 22-09-2016 in CRLP No.769/2016 passed by the High Court Of Karnataka At Bengaluru) SHIVASHANKAR @ SHIVA Petitioner(s) VERSUS STATE OF KARNATAKA & ANR. Respondent(s) Date : 06-04-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. K.T.S. Tulsi, Sr. Adv.
Mr. Ranji Thomas, Sr. Adv. Mr. Niraj Gupta, AOR Ms. Pallavi Malhotra, Adv. Mrs. Anshu Gupta, Adv.
Mr. Kuber Boddh, Adv.
Mr. Siddhant Sharma, Adv.
For Respondent(s) Ms. Nidhi, AOR Mr. V. N. Raghupathy, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending interlocutory applications, if any, stand disposed of.
(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASST.REGISTRAR (Signed Order is placed on the file)