Consent for sexual relations cannot be deemed invalid unless there is clear evidence of misrepresentation regarding the promise of marriage.

JUDGMENT :

1. Heard Mr. R.C.P. Sah, learned counsel appearing on behalf of the appellant and Mr. Prabir Kumar Chatterjee, learned Spl.P.P. for the State.

2. This appeal is directed against the judgment of conviction dated 25.01.2008 and the order of sentence dated 28.01.2008 passed by learned Additional Sessions Judge (F.T.C.) II, Seraikella in Sessions Trial Case No. 34 of 2004 arising out of Ichagarh P. S. Case No. 49 of 2002, corresponding to G. R. Case No. 764 of 2002 for the offence under Sections 376 and 493 of the INDIAN PENAL CODE to undergo R.I. for seven years and the period of detention undergone by the appellant as under trial shall be set off towards the period of the sentence.

3. In nutshell, the case of prosecution is based upon the written report of victim who stated therein that eight nine months back appellant’s sister who was friend of the victim came to the house of victim and took her to the house of appellant and after having interaction for some time she went somewhere leaving victim alone in the room and victim started waiting for her, in the meanwhile appellant came inside the room and bolted the door and started doing bad acts which was objected by victim but without her consent he established physical relation with her. When victim started weeping and putting emphasis to divulge this fact to villager, then appellant made promise to her for marriage, thereafter appellant’s mother and sister reached there and victim shared the bad act of appellant to them, then they also given assurance to her for marriage with appellant.

4. It has further alleged by victim that thereafter appellant frequently started meeting with victim and also making physical relation with her and when she started putting pressure on appellant for marriage then appellant was giving assurance to her and one day victim was taken to Seraikella Registry Office for the purpose of marriage and office persons told her to come after a month.

5. It has further been stated that the appellant started keeping victim in the village as his wife and have had sex with her and thereafter, she was taken to Shankosie at Jamshedpur and there also he made physical relation with her. When victim repeatedly asked appellant visit to Seraikella to complete the formality of marriage, then one day he got angry and started abusing and beating her and she was also kicked out from the house and said that there was no solemnization of marriage between them. Victim claimed that she was deceived on the false pretext of marriage by the appellant and he made physical relation and sexually exploited her. She was thrown out of house by giving beatings and appellant also extended threat to her family member. Upon aforesaid allegations of written report of victim an F.I.R. being P.S. case no. 49 of 2002 date 06.12.2002 under Sections 363, 376 of INDIAN PENAL CODE got registered against appellant.

6. After due investigation, charge-sheet being Charge- Sheet No. 53 of 2002 dated 31.12.2002 has been filed under Sections 493 and 376 of INDIAN PENAL CODE and cognizance was taken by the Court for the offence under Sections 493 and 376 of INDIAN PENAL CODE . Thereafter, case was committed to Sessions Court. Charge has been framed under Sections 376 and 493 of I.P.C. and read over and explained to the accused to which he pleaded not guilty and claimed to be tried.

7. Learned counsel for the appellant submitted that it is alleged that