Penal Code, 1860 – ss.376, 384, 323, 504, 506 – Code of Criminal Procedure, 1973 – s.482 – Criminal proceeding against the appellant for having sexually exploited/assaulted the complainant for over a period of 16 years, based on a false promise of marriage – Appellant chargesheeted u/ss.376, 384, 323, 504, 506 – Appellant sought quashing of proceedings – Rejected by the High Court – Justification:
Held: Accused is not liable for the offence of rape if the victim has wilfully agreed to maintain sexual relations – Complainant’s allegations seem to be well-arranged story – Complainant, being a highly qualified major woman continued unabatedly in a consensual intimate sexual relationship with the appellant over a period of 16 years, which is sufficient to conclude that there was never an element of force or deceit in the relationship – It cannot be said that the appellant is liable to be prosecuted for having sexually exploited/assaulted the complainant based on a false promise of marriage – Allegations of the complainant are full of material contradictions and are ex facie unbelievable – Throughout the prolonged period of 16 years, the complainant kept completely quiet about the alleged sexual abuse, meted out to her by the appellant until she learnt that the appellant had married another woman – Further in complete contradiction to the case setup in the FIR, the complainant has on many occasions portrayed herself to be the wife of the appellant and thus, evidently, they lived together as man and wife – Long gap of 16 years between the first alleged act of sexual intercourse, continued relations for one and a half decade till the filing of the FIR convinces that it is a clear case of a love affair/live in relationship gone sour – Allowing the prosecution of the appellant to continue for the offences alleged, would be nothing short of a gross abuse of the process of law– Impugned order quashed and set aside – Impugned FIR and proceedings arising thereunder quashed. [Paras 21, 24, 25, 27, 35, 37, 39]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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