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1 - 8 of 8 (0.94 seconds)Section 3 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 90 in The Indian Penal Code, 1860 [Entire Act]
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Shambhu Kharwar vs The State Of Uttar Pradesh on 12 August, 2022
4. The learned counsel appearing for the petitioner would
vehemently contend that the very registration of crime is contrary
to law as it was a consensual act of having sex between the
complainant and the petitioner on several occasions. Though the
petitioner was married, the act of having sex was not on account of
promise of marriage but it was purely consensual between the
complainant and the petitioner. He would further contend that
merely because the complainant belongs to Scheduled
Caste/Scheduled Tribe, the offences under the Act are also laid
against the petitioner. He would submit that permitting further
proceedings would be contrary to the judgment of the Apex Court in
the case of DR. DHRUVARAM MURLIDHAR SONAR v. STATE OF
5
MAHARASHTRA1 and SHAMBU KHARWAR v. STATE OF UTTAR
PRADESH2 as also judgments rendered by this Court following
afore-quoted judgments of the Apex Court. He would seek
quashment of entire proceedings.
Section 375 in The Indian Penal Code, 1860 [Entire Act]
Dhruvaram Murlidhar Sonar vs The State Of Maharashtra on 22 November, 2018
4. The learned counsel appearing for the petitioner would
vehemently contend that the very registration of crime is contrary
to law as it was a consensual act of having sex between the
complainant and the petitioner on several occasions. Though the
petitioner was married, the act of having sex was not on account of
promise of marriage but it was purely consensual between the
complainant and the petitioner. He would further contend that
merely because the complainant belongs to Scheduled
Caste/Scheduled Tribe, the offences under the Act are also laid
against the petitioner. He would submit that permitting further
proceedings would be contrary to the judgment of the Apex Court in
the case of DR. DHRUVARAM MURLIDHAR SONAR v. STATE OF
5
MAHARASHTRA1 and SHAMBU KHARWAR v. STATE OF UTTAR
PRADESH2 as also judgments rendered by this Court following
afore-quoted judgments of the Apex Court. He would seek
quashment of entire proceedings.
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