Consent given under a false promise of marriage is not considered valid consent, and the distinction between rape and consensual sex must be carefully examined based on the active and reasoned deliberation of the parties involved.

JUDGMENT :

Vikram D. Chauhan, J.

1. Heard Mrs. Alpana Singh, learned Additional Government Advocate appearing for the State and perused the lower court record.

2. The instant appeal is directed against the judgment and order dated 10.12.2019 passed by the Additional Sessions Judge/F.T.C. Meerut, in S.T. No. 638 of 2014 (State vs. Tarik) arising from Case Crime No. 829 of 2013, under Section 376, 323, 504, 506 I.P.C, Police Station -Mawana, District -Meerut, whereby, accused-Tarik is acquitted.

3. In brief, the prosecution version is that on 26.12.2013, victim submitted a typed report to the Senior Superintendent of Police, Meerut that the victim's father Abid had gone to foreign country in connection with work; victim's mother Afsana was looking after her studies and she is a working woman; victim is student of B.Sc. Ist year; Tarik s/o Mateen, r/o Mohalla-Heeralal, Mawana, Near Naion wali Gali, Makhdumpur Stand, Mawana, District-Meerut has been continuously committing rape upon her on false pretext of marriage, and has made nude video clipping of the victim; when victim asked him for marriage, said accused used to ignore her; victim again made an attempt, on which the accused said that he would talk to his parents; victim has been continuously raped on pretext of marriage; due to shock, victim's mother Smt. Afsana expired on 28.7.2013; victim has been rendered helpless due to death of her mother; victim has young brother-sister; accused took victim's signatures on plain paper for preparation of marriage documents but has been postponing the marriage; on 25.12.2013 around 9:00 p.m., victim along with her younger sister Zeenat, went to the house of Mateen s/o Dost Mohammad, Shahbaaz s/o Mateen, Smt. Shaheen w/o Mohd. Mateen and Tarik s/o. Mateen, r/o. Mohalla -Heeralal, Naion Wali Gali, Makhdumpur Stand, Mawana; after reaching the house, victim disclosed to said persons that Tarik had been committing rape upon her for about last two years on pretext of marriage and now she wants to marry him; then Shaheen hurled filthy abuses at the victim and assaulted her; victim opposed the same, on which Mateen armed with iron rod and Shahbaaz armed with stick, beaten the victim, as consequence whereof victim sustained internal injuries, and Shaheen and Tarik tied a noose around the neck of the victim with dupatta/cloth with intention to kill her; when the victim raised alarm, the passers-by of the locality, viz. Mehtab, Javed, Abad, victim's sister Zeenat and many other persons came over there and rescued victim from said persons; after escaping from there, victim started for police station, when Tarik threatened that if you will lodge a report, then your nude clippings will be circulated in the locality and town, and you will neither remain eligible for marriage nor virgin; victim has requested the Police Station Incharge, Mawana to lodge report and give direction for providing life protection to her brother and sister.

4. F.I.R. was lodged on 27 December, 2013 at 10:00 A.M. at Police Station -Mawana against the accused-respondent under Section 376, 323, 504, 506 IPC. After investigation, police report/chargesheet was filed under the aforesaid sections. The charge under Sections 376, 323, 504, 506 I.P.C. was framed by the trial court. Accused denied the charges and claimed trial. Trial Court acquitted the accused -respondent as the prosecution failed to prove the charge beyond reasonable doubt.

5. The prosecution to prove the charge examined victim (PW-1), Smt. Zeenat (PW-2) younger sister of the victim, Aabad (PW-3), Kesav Datt Sharma, Retd. S.I. (PW-4), Head Constable Raj Singh (PW-5), Dr. Smt. Saranju Baliyan (PW-6).

6. The prosecution in support of its case produced the documentary evidence being Written report (Exhibit Ka-1), statement of the victim (Exhibit Ka-2), site plan (Exhibit Ka-3), charge sheet (Exhibit Ka-4), chik FIR (Exhibit Ka-5), carbon copy of GD entry (Exhibit Ka-6), report of weeding of original GD by SSP office (Exhibit Ka