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SUBRAMONIUM PRASAD
Parveen Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. - This is a petition under Section 439 of Cr.P.C. read with section 482 of Cr.P.C. for grant of bail in case FIR No. 157/2021 which was filed under Sections 323, 363, 377, 420, 506 of IPC read with section 3 (1) (r), 3 (1) (w) (i), 3 (1) (w) (ii) and 3 (2) (v) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 registered at P.S. Fatehpur Beri.
2. The facts in the present case are as follows -
i. The complainant is working in Central Industrial Security Force (hereinafter "CISF") as a constable. The Prosecutrix filed a complaint on 30.03.2021 to the Deputy Director CISF (U), New Delhi against Parveen Kumar (petitioner herein) who is also a constable in CISF stating that their relationship began on 31.12.2018 and lasted for 4 years. It is stated in the complaint that the petitioner herein promised to marry the prosecutrix and raped her on several occasions from mid-2019 till February 2021.
ii. It is stated that in March 2019, the petitioner took the complainant's ATM card and withdrew money from her account whenever he wanted. It is further stated that the complainant even took a loan of Rs. 1, 25, 000/- for the petitioner's needs. F
The main legal point established in the judgment is the distinction between false promise and breach of promise, and the legal principles related to consent and misconception of fact.
Consent to engage in a sexual relationship is not vitiated by a promise of marriage unless the promise is proven to be made in bad faith or with no intention to adhere to it from inception.
Consent given under a false promise to marry must be proven as knowingly false from the outset for an accusation of rape to succeed; consensual relationships later turning sour do not invoke criminal....
Misconception of fact – Merely because physical relations were established on a promise to marry, it would not, by itself, amount to rape.
Rape case – Gran of Bail - Consent of prosecutrix – Issues to be decided at Trial – No criminal antecedents of accused
The legal principle established is that consent given under a false promise of marriage must involve an active and reasoned deliberation, and the promise of marriage must have been a false promise gi....
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