LI Network
Published on: 27 January, 2024 at 22:30 IST
In a recent verdict, the Madhya Pradesh High Court acquitted a man previously convicted of rape on the grounds of a false promise of marriage.
The Court, presided over by Justice Prem Narayan Singh, emphasized that the physical relationship between the accused and the complainant, who had initially connected through a matrimonial website, was established with mutual consent.
The appellant had been charged under Section 376(2)(n) of the Indian Penal Code following a complaint filed against him, alleging that he prevented the prosecutrix from leaving a hotel by expressing love and promising marriage.
However, the Court found it “crystal clear” that the relations were consensual and dismissed the claim of a false promise leading to the physical relationship.
The Court noted that the prosecutrix, a 30-year-old woman with a government job, willingly met the appellant, and there were no signs of forcible relations.
The lack of a complaint to her parents or any authorities before filing the FIR, coupled with the absence of evidence supporting a misconception, led the court to conclude that it was “not safe to conclude that the prosecutrix has made relations only on the basis of promise of marriage.”
The Court acknowledged WhatsApp chats presented by the prosecution, emphasizing that casual conversations about love and marriage were evident. However, it raised the question of whether the appellant explicitly refused to marry the prosecutrix.
The Court considered the prosecutrix’s statements, highlighting that the appellant did not decline marriage, and she had consummated her marriage while he remained unmarried. Consequently, the court deemed it unlikely that the appellant had broken the promise of marriage by that time.
The Madhya Pradesh High Court concluded that the physical relations between the appellant and the prosecutrix were consensual, and the claim of physical relations based on misconception was not proven beyond a reasonable doubt.
As a result, the court set aside the conviction, acquitted the appellant of the charges, and ordered the return of the fine deposited by him.
Case Title: Hariom Shrivastava v. The State Of Madhya Pradesh & Anr.
