31 Jan 2024 7:05 AM GMT
To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court.
"If it is established that from the inception, the consent by the victim is a result of a false promise to marry, there will be no consent, and in such a case, the offence of rape will be made out," a bench comprising Justices Abhay S Oka and Pankaj Mithal observed quoting from the judgment in Anurag Soni v State of Chhattisgarh (2019) 13 SCC 1.
The Court was deciding an appeal filed by a man challenging the refusal of the Bombay High Court to quash the rape case alleged against him.
As per the prosecution case, the man and woman maintained a physical relationship with for four years (2013-2017) on the pretext that the man would marry the woman. In 2018, the woman saw the pictures of the engagement ceremony of the man with another woman, following which she lodged the FIR, alleging that her consent was based on a misconception caused by false promise of marriage. However, the man claimed that he had married the complainant-woman in 2017 and produced a copy of 'nikahnama'.
The Supreme Court after perusing the material placed on record observed that the woman was above the age of 18 years when she consented to enter into a physical relationship. The woman didn't object to the relationship for an entire period of four years.
“Therefore, in the facts of the case, it is impossible to accept that the second respondent allowed the physical relationship to be maintained with her from 2013 to 2017 on the basis of a false promise to marry.”
The court after referring to 'Nikahnama' noted as follows:
“The fact that they were engaged was admitted by the second respondent. The fact that in 2011, the appellant proposed her and in 2017, there was engagement is accepted by the second respondent. In fact, she participated in the engagement ceremony without any protest. However, she has denied that her marriage was solemnised with the appellant. Taking the prosecution case as correct, it is not possible to accept that the second respondent maintained a physical relationship only because the appellant had given a promise of marriage.”
Placing reliance on the observation above, the court observed that the case of false promise to marry is not made out from the inception as sufficient proof in the form of Nikahnama has been submitted by the man to prove that he married the woman.
Thus, the court held that the continuation of the prosecution in the present case would be a gross abuse of the process of law, as therefore, no purpose would be served by continuing the prosecution against the man.
Case Details: SHEIKH ARIF VERSUS THE STATE OF MAHARASHTRA & ANR
Citation : 2024 LiveLaw (SC) 68
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