Penal Code, 1860 – s. 376(2)(n) and s.506 – Prosecution case that appellant had committed rape on the prosecutrix on the false promise of marriage and threatening to make public her photographs – Trial Court framed charges u/s.376(2)(n) and s.506 of IPC – A criminal revision filed against the said order was dismissed by the High Court – Correctness: Held: From a perusal and comparison of the two statements of the prosecutrix, one before the police u/s. 161 Cr.P.C. and the other u/s. 164 Cr.P.C., that too recorded within a span of
24 hours, what is noticeable is that not only are the statements contradictory in themselves, those are contradictory to each other as well – The fact that the appellant had lodged the FIR two years after the alleged incident is itself suggestive of the consensual nature of the relationship which had gone sour – There were also talks between the parties and their family members regarding marriage, the same did not fructify leading to lodging of FIR – The act of the prosecutrix having bath under the waterfall and changing her clothes thereafter in the company of the appellant virtually rules out any threat or coercion by the appellant on the prosecurtix – The mobile phone of the appellant or the photographs allegedly taken by the appellant were not recovered or seized – The jewellery allegedly given by the prosecutrix to the appellant has not been seized – A stamp paper dated 07.07.2017 wherein appellant expressed his desire to marry the prosecutrix has also not been seized – In the absence of such materials, it is impossible for the prosecution to prove the charges of rape and intimidation against the appellant – Compelling the appellant to face the criminal trial on these materials would be nothing but an abuse of the process of the Court. [Paras 16, 17, 18, 24] Penal Code, 1860 – s.90 – Consent to be given under fear or misconception – Misconception of fact – Discussed.
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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