Lalu Yadav vs State of Uttar Pradesh 2024 INSC 782 – Article 226 – Judicial Review In Criminal Matters – S 376 IPC – Rape – Subsequent Marriage Refusal

Constitution of India – Article 226- High Court could exercise its power of judicial review in Criminal matters and it could exercise the power either under Article 226 or under Section 482 CrPC to prevent the abuse of process of the court or otherwise to secure the ends of justice. Nomenclature under which a petition is filed is not quite relevant. If the court finds that the petitioner could not invoke the jurisdiction of the Court under Article 226, it may treat the petition under Section 482, Cr. P.C. (Para 1)

Indian Penal Code 1860 – Section 376 -Quashing a rape case, Supreme Court observed: Firstly, it is to be noted that the subject FIR itself would reveal that there occurred a delay of more than 5 years for registering the FIR; secondly, the very case of the complainant, as revealed from the FIR, would go to show that they lived for a long period as man and wife and thirdly, the facts and circumstances obtained from the subject FIR and other materials on record would reveal absence of a prima facie case that the complainant had given her consent for sexual relationship with the appellant under misconception of fact – The subsequent refusal to marry the complainant would not be sufficient, in view of the facts and circumstances obtained in the case at hand, by any stretch of imagination to draw existence of a prima facie case that the complainant had given consent for the sexual relationship with the accused under misconception of fact, so as to accuse the appellant guilty of having committed rape within the meaning of Section 375, IPC. (Para 14-15)

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