Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.

JUDGMENT :

D.Dash, J.

The Appellant by filing this Appeal has assailed the judgment of conviction and order of sentence dated 11.08.2022 passed by the learned Presiding Officer, Special Court under the SC & ST (PoA) Act, Cuttack in Criminal Trial No.32 of 219 arising out of corresponding to Cuttack Sadar P.S. Case No.154 of 2019.

The Appellant (accused) thereunder has been convicted for commission of offence under section-376(2)(n) of the INDIAN PENAL CODE , 1860 (for short called as the IPC). Accordingly, the Appellant (accused) has been sentenced to undergo imprisonment for life and pay fine of Rs.50,000/- in default to undergo rigorous imprisonment for a period of six (6) months.

2. The prosecution case is that in the year, 2013 the victim (P.W.1) was prosecuting her studies in +3 Arts in Govindpur College in the District of Cuttack. The accused developed relationship with her introducing himself to be an ex-student of that College. It is said that the accused having collected the telephone number used to talk with her over phone. One day, when accused suddenly met the victim in the college, which is after four months of their first meet, he offered to give her a lift in his motorcycle at her residence. It is stated that as the victim was then thirsty, the accused offered water from his water bottle to drink. The victim having taken water went with the accused in his motorcycle. On their way, they took cold drinks and ‘Kurkure’. It is stated that the accused then took the victim in her motorcycle crossing their house and on being asked, the accused told that he would drop her at the residence after meeting a friend. The victim was then feeling uneasy. After proceeding about 10 km. the accused stopped the motorcycle near a house stating that said house belonged to him. The victim is said to have lost her sense there. After regaining sense, it is stated that the victim found herself sitting on a chair in the room of said house and the accused was there in the said room. The victim then detected the lace of her pant was opened and she to have disrobed. She was also feeling pain in her private part. The victim thus having came to know that she had been raped by the accused, started crying and then it is said that accused asked her not to shout as that would cause harm to her. The accused thereafter brought out vermilion from the puja room and put the same her on her forehead. The accused told her not to disclose the fact to anybody and assured her to complete the formalities of marriage as per their rituals very soon. The accused also threatened the victim that if she would disclose the matter to anybody, harm would be caused to her family. It is stated that out of fear and lowering of reputation; at the same time with the expectation of marriage with the accused, the victim remained silent. The accused thereafter dropped the victim at a short distance away from her house.

After two days, the accused took the victim to Dhankud temple, put vermilion on her forehead. Thereafter, both continued to have conversations over phone. It is said that the accused forced the victim to keep sexual relationship with him and when that was opposed to by the victim, the accused was convincing her that she should keep such sexual relationship as his wife. The victim when was insisting for marriage, the accused was delaying on some pretext or other.

In this way, three years passed, the victim went to Bhubaneswar to pursue of her study in MBA by staying with her friend. The accused then serving