LI Network
Published on: 27 January, 2024 at 12:34 IST
The Madhya Pradesh High Court has overturned a rape conviction, emphasizing the absence of substantial evidence supporting the claim that sexual consent was obtained through a false promise of marriage.
The single-judge bench, headed by Justice Prem Narayan Singh, noted that there was no concrete denial by the accused regarding marriage in the WhatsApp chats between the parties.
The Court highlighted that the prosecutrix had already married, while the accused remained unmarried. The judgment underscored that the allegation of a false promise couldn’t be established since the accused had not explicitly declined marriage.
The physical relations between the parties were deemed consensual, and the court attributed the non-consummation of marriage to unforeseen circumstances.
The Court conducted a thorough analysis of various factors, including the prosecutrix’s age, the voluntary nature of their interaction through a matrimonial website, and the absence of evidence supporting forced relations in the hotel room.
It observed that the prosecutrix willingly met the appellant, engaged in WhatsApp chats and video calls, and produced her ID card at the hotel.
The Court noted the absence of complaints before lodging the First Information Report.
The judgment referenced Supreme Court decisions, including Uday v. State of Karnataka, Deepak Gulati v. State of Haryana, and Dhruvaran Murlidharan v. State of Maharashtra.
The Court concluded that the prosecutrix’s consent was not influenced by fear or misconception, as per Section 90 of the IPC.
The Court also briefly discussed the Supreme Court’s stance in Naim Ahmed v. State (NCT of Delhi), emphasizing that not every breach of a promise to marry should lead to a prosecution under Section 376. The distinction between a ‘mere breach of promise to marry’ and ‘not fulfilling a false promise to marry’ was highlighted.
The appeal stemmed from a judgment by the Ujjain Additional Sessions Judge, sentencing the accused to 10 years of rigorous imprisonment and a fine of Rs 10,000.
The accused and the prosecutrix, both working professionals, met through a matrimonial website. The allegations revolved around the accused establishing sexual relations with the prosecutrix during a visit to Ujjain in 2019. The High Court’s decision acquitted the appellant of charges under Section 376(2)(n).
Case Title: Hariom Shrivastava v. The State of Madhya Pradesh & Anr.
