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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Raj Kumar Sharma – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner (accused before the learned Trial Court)has filed the present revision against the order dated 28.6.2024, passed by learned Additional Sessions Judge, Fast Track Court (Rape/POCSO), Sirmour District at Nahan, H.P. (learned Trial Court), vide which the charges were ordered to be framed against the petitioner for the commission of offences punishable under Sections 376(2) (n) and 417 read with Section 34 of the IndianPenal Code (IPC) and Section 4 of Dowry Prohibition Act, 1961. (The parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present case are that the informant (name being withheld to protect her identity) was studying with the accused. The accused visited the informant’s house. He and his mother settled the marriage between the accused and the informant in the year 2014. It was agreed that the marriage would be solemnised after 2-3 years because the petitioner’s family was constructing a house. The petitioner and the informant remained in touch. The informant was to take an examination in 2015 at Shimla. The
A prolonged consensual relationship undermines claims of rape based on a false promise of marriage, and insufficient evidence precludes charges under the IPC and Dowry Prohibition Act.
The main legal point established is the requirement for a prima facie case and the judicial duty to weigh the evidence before framing charges, especially in cases involving false promise of marriage ....
The promise to marry cannot justify consent to sexual relations if proven false; each case's uniqueness must be examined to assess consent's legitimacy.
Consent obtained under a false promise to marry does not constitute valid consent for sexual acts; the court must evaluate the intention behind the promise and the circumstances surrounding the conse....
The main legal point established in the judgment is that the Court must carefully consider the sufficiency of grounds to proceed with the trial and interpret the consent of the victim in light of leg....
Consent in sexual relationships requires active understanding and cannot be deemed vitiated solely by false promises of marriage unless proven that such promises were made in bad faith.
Consent under Section 375 IPC can be vitiated by a false promise of marriage only if it is proven that such promise was made without any intention to fulfill it at the time of the promise.
Establishing criminal liability for rape based on a false promise of marriage requires evidence of original intent to deceive; an absence of such intent invalidates claims of rape under IPC.
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