Consent for sexual relations is not valid if obtained through deceit regarding marriage, requiring clear evidence of non-consensual elements, especially considering the duration of the relationship.

JUDGMENT :

1. The instant interlocutory application has been filed under Section 430 (1) of the BNSS , 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 13.12.2024 and order of sentence dated 16.12.2024 passed by the learned Additional Sessions Judge-II, F.T.C. (C.A.W), Bermo at Tenughat (Bokaro) in connection with Sessions Trial No.292 of 2023 arising out of Bermo (Mahila) PS Case No.01 of 2023, whereby and whereunder, the appellant has been convicted under sections 376 (2) (n) of the IPC and sentenced to undergo RI for twelve years for the offence under sections 376 (2) (n) of the IPC and a fine of Rs.10,000/- for the said offence and in default of payment of fine, further directed to undergo RI for six months.

Factual Matrix:

2. The prosecution story, in brief, as per written report of prosecutrix dated 02.01.2023 is that she developed friendship with the appellant through social media, i.e, Facebook and Instagram. Thereafter, the accused started establishing physical relation with her. On 26.11.2022, the accused took the prosecutrix in the house of his friend Ali Khan where, he forcibly established physical relation with her and when the prosecutrix told that since, he established physical relation with her, so he had to marry her. The accused solemnized his false marriage with the prosecutrix on 21.12.2022 in a temple.

3. Further, it has been alleged that thereafter, when the accused took the prosecutrix to his house, his parents did not allow her to enter in their house. When the parents of the prosecutrix came to know about the entire occurrence, her parents called the accused and his parents at their house on 26.12.2022 where the accused told that he is ready to take the prosecutrix with him, but when the parents of the prosecutrix asked the accused to give his consent in writing, he refused to take the prosecutrix with him.

4. Thereafter the prosecutrix submitted her written application to the police and on the basis of the same, Bermo (Mahila) PS Case No.01 of 2023 has been instituted for the offence under section 376(2) (n)/493/417 of the IPC.

5. On the basis of written report of prosecutrix dated 02.01.2023, former FIR was registered bearing Bermo (Mahila) PS Case No.01 of 2023 has been instituted for the offence under section 376(2) (n)/493/417 of the IPC against the appellant.

6. After investigation, charge sheet was submitted and cognizance was taken for the offence under section 376(2) (n)/493/417 of the IPC and the case was committed to the Court of Sessions.

7. On receipt of the case record by the Office of Ld. Sessions Judge, Bermo at Tenughat, the same was registered as Sessions Trial being Sessions Trial No.292 of 2023 and accordingly the trial proceeded in which the appellant has been convicted under sections 376 (2) (n) of the IPC and sentenced to undergo RI for twelve years with fine of Rs.10,000/- for the offence under sections 376 (2) (n) of the IPC and in default of payment of fine, further directed to undergo RI for six months.

8. The instant interlocutory application has been preferred by the applicant/