IMPORTANT POINT
The court established that consensual sexual relations between adults, even under the pretense of marriage, do not constitute rape unless there is evidence of coercion or deceit in obtaining consent.

JUDGMENT :

SUBHASH CHAND, J.

1. This Criminal Revision has been preferred against the impugned order dated 01.04.2023 passed by the learned District & Additional Sessions Judge-IV, Giridih in M.C.A. Case No.498 of 2023 corresponding to S.T. Case No.252 of 2022 arising out of Giridih Mahila P.S. Case No.15 of 2020, whereby the learned Court below has rejected the application filed on behalf of the petitioner under Section 227 of the Code of Criminal Procedure.

2. The brief facts leading to this Criminal Revision are that the informant-victim gave written information with the police station concerned with these allegations that Amit Kumar Barnwal, the petitioner herein came in contact with her on 12.09.2015 in Anandam Tutorials, Burganda, Giridih, where the informant and Amit Kumar Barnwal both used to study in Anandam Tutorial and both became friend and this friendship developed into love affairs. On 14.02.2016, the petitioner-accused created pressure upon her to marry but she refused for the same. Even thereafter, he used to stalk her and also used to sit in front of her house for hours. She asked him not to sit in front of her house, but he criminally intimidated her saying that if she refused to marry with him, he would commit suicide in front of her house. She became frightened and ultimately she has agreed with Amit. He took her by the bike to Khandoli and also to waterfalls and at the isolated place he used to sexually exploit her. He used to say her that she was his wife and he is her husband. She began to trust on Amit Kumar Barnwal and utter belief that he would marry with her. On 09.12.2018, she had gone to take clerical exam of bank at Dhanbad and after coming from the examination hall, she found Amit Kumar Burnwal waiting for her. He made her seated on his bike and took her to Govindpur at a rented house, where he established physical relations with her. He also clicked nude photograph of her. On 06.01.2019, he also met her to Anandam Tutorial and took her by his bike to Bengabad area at Bergi Village, there also at the isolated place he made efforts to establish physical relation with her, on having seen by the villagers to them, he told to the villagers that she is his wife and also put vermilion on her head. On 08.06.2019, again in the examination of bank clerk at Dhanbad, he came by a car and took her with him by that car to the isolated place and established physical relations with her in the car itself. Despite opposing by her, he used to say that she is his wife and he had assumed himself to be her husband. Thereafter, she also became pregnant and her abortion was made after administering her some pills. On 23.06.2019 again in bank examination at Dhanbad, he came by a car and took her to Govindpur at a rented house, there also he established physical relation with her. This time, she insisted to Amit Kumar Barnwal to marry with her but he flatly refused for the same. He also threatened that he would make her nude photograph viral on internet and no other person will be agreed to marry with her. She told in this regard to her father, thereafter, her father went to the house of Amit Kumar Barnwal, where his father and brother both flatly refused to marry with her and the brother of Amit Kumar Barnwal also told to the informant to be characterless. Hereinafter this event, she made attempt to commit suicide, however, her brother came to rescue and again his father went to the house of Amit Kumar Barnwal, where his father and brother both made demand of Rs.12 lakhs and a Swift Dzire Car, but her father was not capable to fulfill that demand, consequently, they refused for marriage. Amit Kumar Barnwal continued to call her over her phone and he used to say that she would be his kept. The father and brother of Amit Kumar Barnwal criminally intimidated not to make complaint to police in this regard. The marriage of Amit Kumar Barnwal was scheduled to be fixed on 06.12.2020 in Sindri. If he got married with some another