Consent obtained under false promises must be proven as deceitful for a rape charge to be valid.

JUDGMENT :

1. Impugned in this petition is an FIR bearing No. 33/2021, dated 02.06.2021 under Section 376 IPC registered by respondent No. 1 at the instance of respondent No. 2.

2. The petitioner, who is serving in the Indian Air Force as Corporal and presently posted at 19WG, Guwahati since 07.03.2018, has stated in the petition that the respondent No. 2 met him in the year 2012 through a common friend once or twice and for the last 8 years, he has not seen respondent No. 2 even once, what to say of establishing physical relations with her. The petitioner has claimed that he has never ever tried to contact the respondent No. 2 telephonically as well for all along these 8 years, rather it is the respondent No. 2 who has been trying to establish contact with the petitioner by sending messages from her Mobile No. XXXXXXXXXX. Every time the petitioner blocked the phone number of respondent No. 2, she used to change her number and again start pursuing the petitioner and blackmail him by threatening to implicate him in a false rape case unless the petitioner accepted the demand of the respondent No. 2 for an amount of Rs. 1,00,00,000/-. The petitioner has annexed with the present petition the text and whatsapp messages sent by the respondent No. 2 to him, to demonstrate that the respondent No. 2 has been blackmailing the petitioner to pay Rs. 1,00,00,000/-, give half of his land and half of his salary for the entire period of her life. It is stated by the petitioner that he faced the harassment at the instance of respondent No. 2 only to ensure that his service record remains unblemished but at the same time, the petitioner never succumbed to the blackmailing tactics of the respondent No. 2. It is further stated that the petitioner had come to his home on leave in July/August 2019, when the respondent No. 2 who also lived in the same Village came to his house and created a scene. Due to intervention of the villagers and Sarpanch, the petitioner was saved. The villagers told respondent No. 2 that if she had been wronged, she should lodge a complaint, but she did not choose to do so, as the petitioner had not done any wrong to her. Again, in the year 2020 when the petitioner came to his Village on leave, the respondent No. 2 again tried to blackmail the petitioner on the pretext of filing FIR against him and finally in the year 2021, the impugned FIR was got registered by respondent No. 2 when the petitioner again came to his Village after obtaining the leave.

3. By pleading these facts, the petitioner has sought the quashing of the FIR on the ground that the FIR impugned is vague and the respondent No. 2 has not even cited a single specific event for implicating the petitioner in the commission of offence of rape and even the place of alleged occurrence is also not forthcoming from the FIR impugned. It is also contended by the petitioner that as there was no physical contact with respondent No. 2/complainant so, there was no question of petitioner extending any promise to her, to solemnize marriage and to seek sexual favour under that pretext. It is also urged by the petitioner that the whatsapp messages and text messages from the phone number of respondent No. 2 make it explicitly clear that she has been pursuing her agenda to blackmail the petitioner to extort unjustified money from the petitioner.

4. The status report stands filed by respondent No. 1, wherein it has been stated that on 02.06.2021, the complainant submitted a written complaint with Police Station, Khour to the effect that one person, namely, Vikash Singh Manhas S/o Sham Singh R/o Pangali, Khour has been committing rape upon her for the last 3-4 years on the pretext of marriage. On receipt of this complaint, FIR bearing No. 33/2021 under Section 376 IPC was registered with the Police Station, Khour and the investigation of the case was entrusted to PSI Akhil Sen. The investigation was conducted, and the site plan was prepared. The place of occurrence was an agricultura