Point of Law: Under Section 90 of the Indian Penal Code; that presumption can be drawn under Section 114-A of the Indian Evidence Act that the revisionist had sexual intercourse on false assurance of marriage.

JUDGMENT :

SHEKHAR KUMAR YADAV, J.

1. Heard Mr. Gopal Swarup Chaturvedi, learned Senior Counsel assisted by Ms. Somya Chaturvedi, learned counsel for the revisionist, Mr. Harsh Vardhan Deshwar, learned counsel for the opposite party no. 2 and Mr. L.M. Singh, learned AGA for the State and perused the record.

2. This Criminal Revision is directed against the order dated 15.02.2022 passed by learned Addl. District and Sessions Judge, FTC-I Mathura, whereby the application for discharge under Sections 498-A, 504, 506, 376 IPC and Section 3/4 of Dowry Prohibition Act moved by the revisionist u/s 227 Cr.P.C. in Sessions Case No. 287 of 2021 (State vs. Chaman Mangla) arising out of Case Crime No. 771 of 2020, has been rejected.

3. Initially an FIR vide Case Crime No. 771 of 2020 was registered against the revisionist and his father and mother by the complainant/opposite party no. 2 on 08.11.2020, under Sections 498-A, 504, 506, 376 IPC and Section 3/4 of Dowry Prohibition Act.

4. Prosecution story as narrated in the FIR is that the revisionist was to open a cloth-showroom and thereafter he would marry the complainant within a year of opening of showroom. Revisionist is said to have called the complainant at his residence and introduced her with his parents. Seeing her, his parents also said that they liked her and as soon as the showroom is opened they would marry complainant with his son (revisionist). It is further averred that revisionist always called the complainant at his residence in presence of his parents and used to treat the complainant as his wife and had also made sexual relationship on that pretext; and when two years had elapsed, neither the showroom was opened nor the revisionist solemnized marriage with complainant, thereafter, the complainant is said to have asked the parents of the revisionist to get their marriage solemnized upon which the parents of the revisionist said that opposite party no. 2 used to visit their house as their daughter-in-law and soon they would get the marriage of opposite party no. 2 solemnized with revisionist. It is further averred that in the month of October, complainant again asked the revisionist and his parents to solemnize the marriage as the revisionist is harassing her mentally and physically for almost two years and in case the marriage is not solemnized within a month, the complainant would take legal action against them. It is further alleged that thereafter, parents of the revisionist demanded Rs. 25 Lacs for marriage and also said that if the parents of the complainant is able to meet the demand of revisionist, they would get their marriage solemnized, failing which the marriage would not be finalized. It is further alleged that when the complainant asked the parents of the revisionist that the revisionist is making physical relationship with her for the last two years, thereupon she was abused in filthy words, threatened and also driven out.

5. After registration of the FIR, Investigating Officer recorded the statement of complainant and other material witnesses under Section 161 Cr.P.C. and the victim was also medically examined at CHC Kosi Kalan, District Mathura on 8.11.2020 from where she was referred to District Women Hospital, Mathura, where the complainant/victim has refused for her internal medial examination.

6. The statement of the victim under Section 164 Cr. P.C. was also recorded before the Magistrate. The extract of statement is as under:

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