Manipulative consent under false promises constitutes grounds for rape charges, while mere disappointment in a relationship does not equate to criminal intimidation.

ORDER :

(V.R.K. Krupa Sagar, J.)

In this Criminal Revision Case filed by the accused under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.) the petitioners impugn the order dated 27.02.2024 of learned V Additional District and Sessions Judge-cum-Special Court for trial of offences against women, West Godavari, Eluru. The said order was passed in Crl.M.P.No.242 of 2023 in S.C.No.41 of 2023. By the impugned order, the learned Additional Sessions Judge refused to discharge the accused for the offences alleged against them under Sections 376(2)(n), 417 and 506 I.P.C. Therefore, the present revision.

2. Sri Jakkamsetti Saraschandra Babu, the learned for revision petitioners and Sri Dheera Kanishk, the learned Special Assistant Public Prosecutor for respondent No.1/State submitted arguments. None appeared for respondent No.2/victim-cum-de facto complainant.

3. Respondent No.2 is a woman and completed her M.sc., B.Ed. and through APPSC she got employment and has been working as Assistant Social Welfare Officer. Thereafter she got married and that marriage ran into troubles and in the year 2021 she obtained divorce. While she was working at Narsapuram, petitioner No.1/A.1 was working as Welfare Education Assistant assisting respondent No.2 who is her superior. Over a period, there was a fair acquaintance between them. While so, it is alleged that he proposed to marry her. She allegedly told him that she was older to him in age and was a divorcee and she could not accept for marriage. However, he allegedly persisted and told her he would marry her and give her a new lease of life. Over a period, his words convinced her and made her to believe that he would marry her. It was in those circumstances, it is alleged that he promised to marry and live with her and out of that though it is against her will and consent, she submitted herself and there developed physical sexual relationship between them. It went on for certain years and thereafter it had come to surface that he was looking for marrying another girl. She questioned him and he refused to marry her stating that she was a divorcee and he could not marry her. It is stated that petitioner No.1/A.1 intimidated her stating that his father/petitioner No.2/A.2 holds political clout and he himself carried rumors to the Joint Director who was superior to and he was also telling bad things about her and spreading it among colleagues. It is stated that a panchayat of elders was held on 10.05.2022 in which all the three petitioners/A.1 to A.3 appeared and they abused her in filthy language and challenged her to give complaint to police or Court and they would see that she would not get justice. It was in those circumstances on 03.06.2022 respondent No.2 lodged her written information with Narsapuram Town Police Station and the same was registered as Crime No.102 of 2022. Investigation commenced and was completed and listing 19 witnesses as LWs.1 to 19 a charge sheet was laid before learned Magistrate which case was thereafter committed to the learned Court of Sessions. While the matter was coming up for charge hearing, all the three accused filed Crl.M.P.No.242 of 2023 in S.C.No.41 of 2023, under Section 227 of Cr.P.C., seeking their discharge. After due hearing, by the impugned order the learned Additional Sessions Judge dismissed the application. It is in that context and aggrieved by the said order, the present revision is filed.

4. Learned counsel for revision petitioners submit that the allegations in the charge sheet and the supporting material do not make out a case for the offences punishable under Sections 376(2)(n), 417 and 506 I.P.C. and the medical evidence does not corroborate the prosecution version. Learned counsel submits that A.1 and the de facto complainant are adults and the allegations in the charge sheet indicate consensual sex and therefore, it is not possible to say that there is the offence of rape. Learned counsel submits that mere breach of promise to marr