In order to establish whether the 'consent' was vitiated by a 'misconception of fact' arising out of a promise to marry, two propositions must be established. The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. The false promise itself must be of immediate relevance, or bear a direct nexus to the woman's decision to engage in the sexual act.

JUDGMENT

Tirthankar Ghosh, J. - The present revisional application has been preferred challenging the proceedings of Ballygunge Police Station case no. 94/2018 dated 24.06.2018 corresponding to C.G.R. Case No. 2707 of 2018 under Section 417/376/506 of the Indian Penal Code.

2. On perusal of the records of the case it reflects that the case was initially registered with Jadavpur police station being Jadavpur Police Station case no.170 dated 16.05.2018 under Section 417/376/506 of the Indian Penal Code, as the complainant/opposite party no.2 addressed her letter to the Officer-in-charge, Jadavpur Police Station. Later on the point of jurisdiction the case was transferred to Ballygunge police station and Ballygunge police station registered the instant case as Ballygunge police station case no. 94 dated 24.06.2018 and on conclusion of investigation submitted charge-sheet under the same sections.

3. The allegations made in the letter of complaint were to the effect that the opposite party no.2 in the year 2016 registered herself with a matrimonial site being www.shadi .com as a paid member in order to search for a prospective groom and towards the end of April, 2016 found the petitioner namely, Kaustav Singha Roy. It was reflected in the profile that he was working at London, UK as a Senior Consultant in Cognizant Business Consulting and was in the process of shifting to India in the year 2017 by joining Citibank at EON Free Zone, Kharadi, Pune as Vice-president-Technology. It is stated that the petitioner showed interest towards the complainant after seeing her profile and starting interacting with her on and from June, 2016. With passage of time both of them communicated and became friends and intended to marry each other. The petitioner and the opposite party no.2 exchanged their contact details and started chatting in whatsapp, skype, phone call etc. It is alleged that after sometime the petitioner started asking for a close relationship and the opposite party no.2/complainant thereafter stopped interacting with other prospective grooms as she thought that the relationship was serious. The complainant stated that she informed the petitioner that she was in a matrimonial site for a groom and if he intends to progress with the relationship aiming at marriage both of them should be serious on the issues. On or about December, 2016 till 11th January, 2017, petitioner repeatedly asked her to join him on a trip and spend some more time with him for knowing each other and for developing the future relationship. It has been further stated that petitioner on or about January, 2017 shared with her from London that he will stay at Kolkata for some weeks before shifting to Pune and asked her to meet at Monkey Bar, Kolkata and on 5th June at the said venue both of them for the first time met each other. During conversation the complainant stated that she informed the petitioner regarding the seriousness of the relationship and to proceed with the same for the purpose of marriage. She also reminded that because of her ailing father she doesn't have sufficient time, to which the petitioner assured that he would marry her within few months. The complainant being impressed by the decent appearance, good background and the communication which carried on since June, 2016 blindly trusted the petitioner and agreed to his request. It has been alleged that the petitioner however, did not divulge regarding his past life or about his family details. On or about 9th and 10th January, 2017 the complainant was invited by the petitioner at Hotel Lovelock, Kolkata for sharing intimate moments and discussing future plans to be outside from far away crowded places.

4. Complainant was impressed and agreed to such proposal, both of them met at a hotel room on 11th January, 2017and when they were present there, petitioner pressurised her emotionally for physical relationship. It has been alleged that once the physical relationship was over the petitioner became col