The Calcutta High Court in its judgement dated February 24, 2023 acquitted a man accused of raping his girlfriend on false promise of marriage.
The High Court categorically expressed that the alleged victim was a fully grown up lady who voluntarily consented to having sexual intercourse with the accused and it cannot be said to be a case of consent under misconception due to false promise of marriage.
The man was earlier convicted by trial court for the offence of rape.
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Case:
In September 2009, the alleged victim lodged an FIR under Section 420/120B/417/323 of the IPC.
It must be noted that the woman was in a voluntarily relationship with the accused and had also become pregnant. She gave birth to a female child in December 2009.
According to the complainant, the appellant took her to the hospital during her pregnancy and prepared a health card for treatment but he did not marry her despite of given assurance and finally drove her away in July 2009 after assaulting her when she was six months’ pregnant. This is when the woman registered an FIR at the Nakashipara Police Station.
After conclusion of the investigation, charge sheet was filed against the appellant.
Uttar Pradesh NCRB Rape Report 2019｜57% Cases Account For Rape On Promise Of Marriage
Trial Court
Upon hearing the parties, the Trial Court framed charges against the appellant under Section 376/417 of the I.P.C. Contents of the charges were read over and explained to him to which he pleaded not guilty and claimed to be tried. Defence case of the appellant was that he was innocent and had been falsely implicated by the de-facto complainant.
On the basis of evidence brought before the Trial Court, it convicted and sentenced the appellant as aforesaid. Subsequently, the accused approached High Court challenging the same.
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Submissions by Accused
Learned counsel appearing on behalf of the appellant submitted that the appellant is innocent and the allegation of rape against the appellant has not been proved. Judgment and order passed by the Trial Court is based on surmises and conjectures.
Furthermore, he submitted even if for the sake of argument, it is accepted there was a sexual intercourse between them then it ought to be treated as consensual as the victim was a fully grown up lady and had given her consent to such physical relations for a long period till she conceived. No case of forcible rape is proved.
Lastly, the learned counsel submitted earlier similar allegation was levelled against the appellant and on the basis of such allegation, a full-fledged trial was conducted. After conclusion of trial and hearing the parties, Learned Trial Court had acquitted the appellant of the charges levelled against him.
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Arguments by State (on behalf of victim)
Learned counsel appearing on behalf of the State, on the other hand, submitted that earlier case was disposed off on the basis of compromise between the parties. Thereafter, appellant again gave assurance to marry and resided as husband and wife. However, he did not marry the victim. She became pregnant again. She gave birth to a female child. DNA test confirmed the child is the biological daughter of the appellant. Accordingly, the learned Trial Court rightly convicted and sentenced the appellant. So, the appeal may be dismissed.
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Calcutta High Court
Hearing arguments from both sides, the division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta observed that in the statement recorded before the magistrate, the victim stated that she is 26-years-old. The High Court thus said,
If the girl was above 18 years of age on the date of her physical relationship and the sexual intercourse took place with her consent, the appellant cannot be held guilty of rape.
The court further held that it also appears from the evidence of victim lady that on many occasions they had physical relationship at her residence as well as that of the appellant. To this the High Court questioned:
If that be so, then it would seem to be a voluntary affair between them. In that event it is difficult to hold that the offence of rape is made out.
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Adding further, the bench stated:
No doubt it is morally reprehensible for the appellant to desert the victim lady with whom he had entered into an informal marriage after she had become pregnant. But moral indignation cannot take the place of legal proof that the cohabitation of the parties was on the basis of a dishonest representation of the appellant.
The circumstances clearly indicate that the prosecutrix willingly consented to having sexual intercourse with the appellant with whom she was in love, not because he promised to marry her, but because she also desired it.
The court also noted:
In her examination-in-chief, the victim stated the appellant told her that he would marry her. In fact, an informal marriage had been entered into and the appellant had put vermillion on her forehead. They continued to cohabit as husband and wife. Only after birth of child appellant did not enter into a legal marriage and drive her away. These circumstances do not establish a case of false promise at the inception of their relationship.
The prosecutrix was a grown up lady aged about 26-years. She was in intimacy with the appellant. She had sufficient intelligence to understand the significance and moral quality of the act she was consenting to.
That is why she kept it a secret as long as she could.
The court also observed that the parties cohabited under an informal arrangement and subsequently the appellant refused to formalise the relationship which resulted in the institution of the criminal case. Therefore, the circumstances did not persuade the Court to hold that cohabitation was on the basis of dishonest representation.
Accordingly, the court set aside the impugned judgement and order of the trial court and directed that appellant shall be set at liberty forthwith.
VFMI TAKE:
- Indian women are not ready for matured relationships whether casual dating or live-in
- Many women want to ape everything from the west, but when it comes to standing up to their choices, they suddenly play weaker sex victim card
- In the case above, as the high court rightly pointed out, the man must be made morally responsible for his act, however, whether a failed consensual relationship can be converted into rape, is something that the Centre must deliberate upon, and accordingly amend the existing rape laws
- In today’s times, both men and women prefer getting into a live-in relationship so that they could spend more quality time with each other, to avoid any interference from respective families
- However, when these relationships don’t advance into marriage, often women strike back with revenge by filing a case of rape against her former boyfriends
- If we reverse genders, there are numerous cases, where women too walk out or cheat on their live-in partners after several years of co-habitation. But no one complains of a man being robbed off his modesty or being sexually exploited by his girlfriend
- VFMI is not regressive and not anti live-in relationships. Many a times, it is wiser to understand each other before signing the legal bond. However, if adults are planning to get into such relationships, they must be fully aware that the same could result in eitherways, and if things don’t work out, both partners must amicably bid good-bye and move one. If you feel this is not acceptable to you, or you are not emotionally strong to handle rejection, you must absolutely refrain from getting into any kind of relationship, even sexual intercourse, before marriage
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READ JUDGMENT | Fully Grown Up Lady Who Voluntarily Consented To Sexual Intercourse Can't Cry Rape On False Promise Of Marriage: Calcutta HC
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▪️"26YR woman was in love, willingly consented to sex not bcos he promised to marry her, but she also desired it"https://t.co/HsZFT2d61g
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