Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – s.376 – Complainant-victim alleged that she was coerced into sexual intercourse by the appellant-accused thrice under false promise of marriage – High Court rejected the application filed by the appellant u/s.482 holding that he had obtained forced consent from the victim by promising to marry her – Interference with: Held: Parties were closely related and were admittedly in a relationship – The couple had sexual intercourse thrice – Victim willingly accompanied the accused to hotel rooms – There was no promise of marriage to coerce consent from the victim for sexual intercourse – The promise if any was after the first physical intercourse and even later the allegation was forceful intercourse without any consent – In all the three instances it was alleged that the intercourse was on threat and coercion and there is no consent spoken of by the victim, in which case there cannot be any inducement found, on a promise held out – Furthermore, allegation of forceful intercourse on threat and coercion is also not believable, given the relationship admitted between the parties and the willing and repeated excursions to hotel rooms – Sexual relationship admitted by both the parties was not without the consent of the victim – Criminal proceedings against the appellant are an abuse of process of the court, quashed. [Paras 8, 11, 13, 14]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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