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IN THE HIGH COURT AT CALCUTTA
Ajay Kumar Gupta, J.
Bhabatosh Biswas – Petitioner
Versus
The State of West Bengal and Another – Respondents
C.R.R. 553 of 2017 With CRAN 4/2017 (Old CRAN 5459/2017)
Decided On : 30-04-2024
Quashing - Charge Sheet - IPC Sections 417, 376 - The court interpreted the provisions of IPC Sections 417 and 376, concluding that the allegations did not establish the necessary elements of cheating or rape, particularly given the victim's marital status and consent.
Fact of the Case:
The petitioner was accused of cheating and rape based on a complaint from a married woman who alleged that he induced her into a physical relationship under the false promise of marriage.
Finding of the Court:
The court found insufficient evidence to support the charges, noting the victim's marital status and her consent to the relationship, which undermined the claims of deception and coercion.
Issues: Whether the physical relationship constituted offences under Sections 417 and 376 of the IPC given the victim's marital status and consent.
Ratio Decidendi: The court held that a married woman, aware of her marital obligations, could not claim to have been induced into a relationship under false pretenses, as she had given her consent.
Result: The charge sheet and all subsequent proceedings were quashed.
JUDGMENT :
Ajay Kumar Gupta, J.
1. This instant revisional application has been filed by the petitioner/accused under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the Charge Sheet being Charge Sheet No. 15/2014 dated 31st January, 2014 in connection with Karimpur Police Station Case No. 186/2013 dated 22/11/2013 submitted under Sections 417/376 of the Indian Penal Code, 1860 against the petitioner/accused.
2. The factual matrix of the instant case is that on or about 22/11/2013 the opposite party no. 2 herein lodged a complaint with the Karimpur Police Station against the petitioner alleging, inter alia, therein that the petitioner induced the opposite party no. 2 believing that he will marry her after securing a job and based on such assurance, petitioner from time to time cohabited with the opposite party no. 2 at different places.
2a. It is further alleged that the petitioner, taking advantage of innocence of the opposite party no. 2, cohabited on the pretext of false promise of marriage. Accordingly, the petitioner has committed an offence of cheating and cohabitation with the opposite party no. 2 as a result, a Karimpur Police Station Case No. 186/2013 dated 22/11/2013 under Sections 417/376 of the Indian Penal Code has been registered and, subsequently, after completion of investigation, a charge sheet was submitted being Charge Sheet No. 15/2014 dated 31st January, 2014 against the petitioner in connection with Karimpur Police Station Case No. 186/2013 dated 22/11/2013 under Sections 417/376 of the Indian Penal Code though the contention of the petitioner is that the petitioner is totally innocent and has been falsely implicated into this case. The opposite party no. 2 being a married lady having matrimonial relation still subsisting, so, the question of marriage with opposite party no. 2 does not arise. The opposite party no. 2 as well as petitioner are adults and their physical relationship developed with her free will and consent. She made physical relation with the petitioner on consent as she is matured married lady as such it does not constitute offences under Sections 417/376 of the IPC. The question of cheating by personation as contemplated under Section 416 or rape under Section 375 of the IPC does not arise in the present facts and circumstances of this case. But, the investigating officer has filed charge sheet without proper application of mind or considering the materials available during the investigation and finally submitted charge sheet mechanically only on the basis of table work. As such, the petitioner praying for quashing of the said charge sheet. Hence, this criminal revisional application.
SUBMISSION ON BEHALF OF THE PETITIONER:
3. Learned counsels appearing on behalf of the Petitioner submitted that the allegation, levelled by the married lady, does not disclose the ingredients of the alleged offences. She has falsely implicated the petitioner though she knows very well that she is a matured married lady and issue of inducing her to cohabitation on pretext of false promise of marriage is patently false and inheritently in-probable. As such, charge sheet and proceeding thereof is patently abuse of process of law and to secure the end of justice, the case is deserved to be quashed at the threshold.
4. Learned counsel places reliance of a judgment passed by the Hon’ble Supreme Court on 06.03.2024 in Criminal Appeal No. 3431 of 2023 in XXXX vs. State of Madhya Pradesh and Another to bolster his submission that the prosecutrix, who herself was a married woman having two children, could not be said to have indulged herself in physical relation with the petitioner under the alleged false promise given by the petitioner or under the misconception of fact while giving the consent to have sexual relationship with the petitioner.
SUBMISSION ON BEHALF OF THE OPPOSITE PARTY No. 2:
5. Learned counsel appearing on behalf of the opposite party no. 2 submitted a prima fac
AI
Rape and cheating – Moral indignation cannot take place of legal proof that cohabitation of parties was on the basis of a dishonest representation of appellant.
Allegations of unwilling cohabitation and refusal to solemnize a marriage constitute cheating under IPC, despite existing marital ties, necessitating trial evaluation rather than dismissal at the pre....
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
Consent obtained through a false promise of marriage negates its validity, establishing grounds for rape under Sections 375 and 376(2)(n) IPC.
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