2024 Supreme(P&H) 370
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J.
X – Appellant
Versus
State of Haryana – Respondent
C.R.R. No. 1844 of 2022
Decided On : 26-06-2024
Advocates Appeared:
For the Appellants : Munish Kumar Garg, Bhawna Thakur, Tanuj Goyal Tohana.
For the Respondents: Mahima Yashpal, Ritu Singh Mann, Jannat Singh Mann.
Consent in sexual relationships requires active understanding and cannot be deemed vitiated solely by false promises of marriage unless proven that such promises were made in bad faith.
Headnote:(A) Indian Penal Code, 1860 - Sections 323, 376(2)(n), 406, 506 - Revision petition challenging order to face trial - Accused argued the relationship was consensual and based on mutual understanding - Complainant alleged false promise of marriage led to non-consensual acts - Court clarified that consent under misconception safeguards cannot be blindly invoked - Rape requires careful scrutiny of circumstances and intentions at the time of the act - Mere breach of promise does not equate to misconception of consent. (Paras 1, 5, 9.2, 16)
Facts of the case:
Complainant alleges that the accused promised to marry her while physically assaulting her during their relationship, which began in 2015. Both parties are married with children. The FIR was lodged in 2021. (Paras 1, 15)
Findings of Court:
The court held that both parties had willingly engaged in the relationship, and the allegation of false promise did not hold ground. The essence of consent and the dynamics of their relationship were examined. (Paras 15.1-15.8)
Issues: The core issues centered around the parameters for establishing consent, the nature of the promise to marry, and the implications of the relationship being consensual or coercive. (Paras 5, 15)
Ratio Decidendi: The court explained that false promise must be evaluated, and mere consent rendered without clear coercion or deceit does not constitute rape. A significant factor includes the autonomy and awareness of the parties involved, emphasizing judicial scrutiny of both sides’ conduct. (Paras 13.1-13.2)
Result: Revision petition accepted; accused discharged from all charges of IPC. (Paras 16, 17)
| Table of Content |
|---|
| 1. factual context of the case (Para 1 , 2) |
| 2. arguments regarding consent and alleged deception (Para 3) |
| 3. legal standards for framing charges and parameters for determining consent (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. discussion on rape allegations based on promises of marriage (Para 10 , 11 , 12 , 13) |
| 5. conclusions regarding the case merits and final judgment (Para 15 , 16 , 17) |
JUDGMENT :
SUMEET GOEL, J.
1. The present revision petition has been filed by the accused challenging the order dated 14.07.2022 passed by Additional Sessions Judge, Gurugram, Haryana whereby, he has been arraigned, for facing trial under Sections 323 /376(2)(n)/406/506 of IPC.
2. The relevant part of the report filed by the police under Section 173 of Cr.P.C., 1973 (hereinafter referred to as CrPC, 1973), as spelt out in the petition, reads as follows:
“Respected Sir, the description of the indictment is that a complaint dated 25.05.2021 ZERO FIR No 0001 dt. 27/04/2021 Section 3762N, 323,406,506 IPC, was received from the complainant to police station sector-29 Gurugram, Haridas Nagar police station, Khajuri Khas, and police station Sonia Nagar at the police station, Essence of the complaint are as follows “Sir, SHO Sector 29 Gurugram, Haryana 1976 P SECTOR 45 RESIDENT I Mrs. (sic) live in Gurugram, Haryana I have been living in this house separately from my husband since 2008. I am married and I am self-sufficient. I met (sic), in December 2015 on Facebook. After that, we started talking and then the phone number was exchanged He said, “I love you and want to get married.” A few days later Sanjay told that is father is ill and I am coming to Gurugram to meet him. You meet me at the airport and bring two or three pairs of clothes. I reached the airport where I met Sanjay Kumar where he came very late, from that place we went to Jhaoda officer due to delay, where we reach very late and there they had physical relations with me without my consent After that, the next day, Sanjay Kumar went to Medanta hospital and I came to my house. I told Sanjay on the phone that you didn’t do well with me. Then, Sanjay said I will marry you. Right now my father’s health is bad. You keep your mouth close sit relax and calm. Now my father’s condition is worse. We will get married as soon as my father recovers and I will give divorce to my wife. Sanjay Kumar called me to Dharuheda, where his parents also lived in his younger brother’s house, and said that staying here would serve his father. After that, i served his father for about 10 to 12 days. After that, he took his father to Jhansi. In the meantime, Sanjay would marry the same person. There he also had constant physical relations promise to marry me. After that, I came to know that Sanjay Kumar is not divorcing his wife and he is in CRPF (sic). I came to know after that when I asked Sanjay for marriage, he got angry with me and also threatened to kill me many times. Meanwhile, in May 2020, Sanjay Kumar’s children also complained against him. Then Commandant Sir got an inquiry done, and in the meantime, the convict Sanjay Kumar took advice from many people for interrogation and sent me to Gurugram and said that after all the atmosphere is fine, I will call you back to Jhansi, and after a few days, I came to know that the inquiry against Sanjay Kumar is being conducted. he called me back to Jhansi and take my signature on a blank paper, saying that I had taken you in my bank account and a land in which I had transferred two lakh rupees to Sanjay’s account, and that I was making you a nominee. They took my three to four signs by saying that I would make a nominee. I later came to know that Sanjay Kumar misused my sign by making me a servant and getting a rent agreement from Jhansi made in my name and told me that I was kept for the service his father and for his own use(sex). Sanjay Kumar misused my sign and pretended to marry me and cheated me. He took my two lakh rupees for the last time in November 2020.I
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