Consent obtained under a false promise of marriage vitiates true consent, constituting rape under IPC Section 376(2)(n).

JUDGMENT :

Sanjeeb K.Panigrahi, J.

1. The Appellant has filed the instant Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973/ Section 415 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellate jurisdiction of this Court. The appeal is preferred against the Judgment dated 08.08.2024 passed by the learned Ad hoc Additional District and Sessions Judge (Fast Track), Special Court, Jeypore, in connection with T.R. Case No. 146 of 2017 arising out of Jeypore Mahila P.S. Case No. 56 of 2016, whereby the appellant was convicted for the offences under Section 376 (2)(n)of Indian Penal Code and was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5,000/- and in default of payment of fine undergo rigorous imprisonment for two months.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) The informant, being the mother of the victim, lodged a written report before the Inspector-in-charge of Jeypore Mahila P.S., on the basis of which a case registered under Section 376 (2)(n), 506,34,109 of IPC read with Section 6 of the POCSO Act.

(ii) The Appellant and Victim belong to the same village and were well acquainted with each other prior to the alleged occurrence. It is the prosecution case that in the month of Magha, 2016, during the night hours, the Appellant came to the house of the Victim, induced and seduced the her on the promise of marriage, and on such assurance, established sexual intercourse with her.

(iii) It is further alleged that the Appellant continued the physical relationship for a considerable period of time, as a result of which the victim became pregnant. The informant, upon noticing the physical symptoms indicative of pregnancy, being questioned the victim, whereupon she discloses the entire incident and attributed the same to the Appellant.

(iv) Thereupon, the Victim was taken to the hospital for medical care and on 03.01.2016 she delivered a female child. Subsequently, on 07.11.2016, a village meeting was convened in which the family members of the Appellant were present. It is alleged that during the said meeting, the family members of the Appellant refused to accept the victim and the child, and further demanded a sum of Rs 3000/- from the informant for not disclosing the incident to thers.

(v) Thereafter, the I.O. conducted a detailed investigation into the matter and submitted the chargesheet before the competent Court. Upon perusal of the materials, the learned Trial Court took cognizance of the offence and the trial commenced. After due consideration of the evidence, the Appellant was found guilty of committing the offence under Section 376 (2)(n) of IPC and was convicted to undergo rigorous imprisonment of 10 years and to pay a fine of Rs 5000/- and in default of payment of the fine, to undergo rigorous imprisonment for a further period of two months.

Being aggrieved by the aforesaid facts and circumstances, the Petitioner has been constrained to approach this Court by way of the present criminal appeal.

II. SUBMISSIONS ON BEHALF OF THE APPELLANT

3. The learned counsel for the Appellant respectfully and earnestly made the following submissions in support of his contentions:

(i) The Appellant contends that the judgment of conviction and the order of sentence passed by the learned Ad-Hoc Additional District and Sessions Judge, Jeypore, in T.R. No. 146 of 2017, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment along with imposition of fine, is wholly erroneous, contrary to law,