Consent obtained under false promises of marriage vitiates consent and constitutes a basis for rape charges under Section 375 IPC.

JUDGMENT

Swarana Kanta Sharma, J.

1. The petitioner i.e. the State through instant petition, filed under Sections 397/401 read with Section 482 of the Code of Criminal Procedure Code, 1973, seeking setting aside of order dated 23.07.2018 passed by learned ASJ/SFTC-2 (Central), Tis Hazari Courts, Delhi in case No. 283/2018 titled as "State v. Pramod Kumar" in FIR bearing no. 122/2017, Police Station DBG Road, and direct framing of charges against the respondent and consequent trial in accordance with law.

FACTUAL MATRIX

2. The brief facts of the case are that on 06.07.2017, a complaint was received at Police Station DBG Road by the Complainant ("X"), who is aged about 24 years. It was alleged in the complaint that the Complainant was unmarried and residing with her widowed mother. The complainant and her mother were stated to be doing the work of selling of boiled eggs and omelet on rehri in front of MCD office DBG Road.

3. The accused/Respondent was appointed as beat officer in that area. The complainant came into contact with the accused and later accused developed talking terms with her. It was alleged that the accused made a false promise of marriage to the complainant and on that basis, respondent outraged complainant's modesty a number of times and started playing with her emotions and body. Accused used to follow her to the gym and yoga classes. It was further alleged that on six occasions, the accused had taken the complainant to the khander of Dev Nagar, behind Liberty Cinema and did oral sex with her. It was further alleged that on 10.04.2017, the accused entered into her house in drunken condition and performed sexual intercourse and raped her without her consent.

4. It was again alleged that after the abovesaid incident, the accused threatened the complainant stating that since he himself was a police constable, police could not do anything against him and in case she proceeded against him, she would have to face dire consequences and he would kill her. It was also alleged that the accused also threatened to upload the objectionable photographs of her on the net which was taken by him. The complainant stated that the accused was in active contact with her through WhatsApp messages through his mobile number.

5. It was stated in the complaint that due to the abovesaid incidents the complainant went into depression and because of that initially she refused to join and participate in the investigation or get her medical examination conducted. Later, after efforts made by the I.O. SI Veena Sharma, the statement of the complainant u/S 164 Cr.P.C was recorded. In said statement, she reiterated the version given by her in the FIR bearing no. 122/2017 registered at Police Station DBG Road, Delhi for the offences punishable under Sections 354/354D/376/509 of the Indian Penal Code 1860. The Complainant further stated that she gave complaints to the police station for two months, but instead of taking action thereon, she was made fun of and threatened. She also alleged that the Investigating Officer of the case also threatened her to take back her case.

6. It was further stated by the complainant that on 15.07.2017, at 11:30-11:45, one person had come to her house, who did not tell his name, and asked her not to give her statement and to withdraw her complaint and they would ask the accused to apologize and even to pay money to the complainant. She further a