The main legal point established in the judgment is that a false promise of marriage must have been given in bad faith and with no intention of being adhered to at the time it was given to vitiate consent. The judgment also clarified that a woman's consent cannot be readily accepted as invalid or vitiated on an allegation that it was secured in consideration of false promises.

ORDER :

Vibhu Bakhru, J.

1. The petitioner has filed the present petition impugning an order dated 01.08.2019 passed by the learned ASJ (hereafter 'the impugned order'), whereby a charge of committing an offence under Section 376(2)(n) of the IPC was framed against the petitioner. The petitioner is being prosecuted pursuant to FIR No. 263/2018, under Section 376 of the IPC, registered with PS Vasant Kunj South.

The FIR

2. The said FIR was registered at the instance of Ms. 'M' (name concealed to avoid ignominy). She had stated that at the material time, she was married but was living separately from her husband. They were in the process of seeking a divorce and the First Motion in their divorce petition had been allowed.

3. M stated that she was familiar with the petitioner since February, 2016 (that is prior to her marriage). She stated that after separation from her husband in November, 2016, the petitioner had started having frequent conversations with her and had become close to her. She stated that she had told him that she was not divorced as yet and, therefore, there would be no purpose in developing a relationship with him. However, he had expressed his love for her and had represented that he would marry her after she had secured a divorce from her husband. She alleged that he had stated that he would wait for her. She claimed that because of the love and affection shown by him, she believed him. And, a close relationship developed between them. She stated that in the month of February-March, 2017, the petitioner had taken her to Hotel Odean Continental and established physical relationship with her on the pretext that he would marry her after her divorce. She stated that thereafter, on various occasions, both of them visited several different hotels where they had established physical relationship. She stated that they engaged in sexual relations for the last time on 14.02.2018 at Aravalli Inn, Masoodpur, Vasant Kunj, New Delhi.

4. She stated that the matter with her husband was compromised and had agreed to secure a decree of divorce by mutual consent. Thereafter, she asked the petitioner to talk to his parents for their marriage. He informed her that he was going to his native village but had blocked her mobile number and had stopped receiving her calls. She stated that she went to the petitioner's native village on 19.02.2018, where his father told her the petitioner was missing and that their marriage could not take place, as both of them belonged to different castes.

5. This led M to file a complaint that the petitioner had raped her by obtaining consent in the guise of marrying her and had, thereafter, left her.

Statement under Section 164 of the Cr.P.C.

6. M's statement under Section 164 of the Cr.P.C. was recorded on 06.06.2018.

7. In her statement, M stated that she was married on 01.06.2016 and her husband used to reside at her parental home. She stated that in November, 2016, he had separated from her and their divorce proceedings were pending. The First Motion in their divorce petition was allowed in May, 2018. She stated that she knew the petitioner since the year, 2016, and he was aware of her problems. She stated that after November, 2016 she and the petitioner started to have conversations, mainly, regarding her husband. She stated that he had told her that he would be with her (support her) and after her divorce, marry her. She stated that they used to meet in various malls and they had stayed together in various hotels on number of occasions. She also named some of the hotels where they had stayed. She claimed that when they had checked in a hotel for the first time, she had told him that was not correct but he had shown immense love and affection to her and had promised that he would get married to her at any cost. She stated that on 6/7.02.2018, the petitioner had called his father on phone and she had also joined in by way of a conference call and had heard the conversation. She stated that the petitioner h