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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA, J.
Raghav Kumar - Applicant
Versus
State of Uttar Pradesh and Another - Opposite Parties
Application U/S 482 No. 9501 of 2019
Decided On : 10-09-2024
(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of charge-sheet - Application filed seeking quashing of charge-sheet for offences under Sections 504, 506, 376 IPC - Allegations of rape and blackmail - Initial relationship established under threat and deceit - Subsequent relationship claimed to be consensual but under duress - Court finds prima facie case of rape established. (Paras 23, 24)
(B) Consent - Definition and implications - Consent obtained under fear or misconception is not valid - Initial act of sexual assault without consent constitutes rape - Subsequent relationship under threat does not absolve the accused. (Paras 16, 22)
Facts of the case:
The applicant and opposite party no.2 were known to each other and developed a relationship, which the opposite party no.2 later claimed was established under duress and deceit, leading to allegations of rape and blackmail.
Findings of Court:
The court found that the initial relationship was established through coercion and deceit, leading to a prima facie case of rape against the applicant.
Issues: The main issues were whether the relationship was consensual and the implications of consent given under threat.
Ratio Decidendi: The court ruled that consent obtained under threat or misconception does not constitute valid consent, and the initial act of sexual assault established a prima facie case of rape.
Result: Application dismissed.
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State. None appears on behalf of the opposite party no.2 even in the revised call to press the instant application.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 13.12.2018 in Case No. 6910204 of 2018 arising out of Case Crime No. 211 of 2018 u/S 504, 506, 376 I.P.C., Police Station- Mahila Thana, District- Agra, pending in the court of learned District and Sessions Judge, Agra.
FACTS
3. The facts in brief are that the opposite party no.2 herein initially submitted a complaint dated 12.11.2018 before the Additional Director General of Police, Agra Zone, Agra, seeking registration of the F.I.R. and strict action against the applicant herein. On the aforesaid complaint, as per the direction of the Additional Director General of Police, the instant F.I.R. has been registered at Women Police Station, Agra, on 15.11.2018, whereby the Case Crime No. 211 of 2018 was registered for the offences under Sections 504, 506, 328, 34, 376 I.P.C. against the applicant and the entire family members of the applicant.
4. As per the F.I.R., both the applicant as well as the opposite party no.2 are highly educated persons and belong to a higher social status. Both of them were studying together in Agra and used to meet each other. The allegation in the F.I.R. is that once in the year, 2016, the entire family members of the applicant came to the house of the opposite party no.2 and proposed the marriage of applicant with the opposite party no.2. The aforesaid proposal was rejected by the opposite party no.2. Therefore, all the family members of the applicant have returned back. However, the said applicant continued to talk with the applicant herein. The opposite party no.2 herein went to Delhi for her studies. Subsequently, after about a year on 16.10.2017, in the morning at 10:00 A.M. the applicant went to the house of the opposite party no.2 and informed her about the illness and hospitalization of his mother and asked the opposite party no.2 to donate the blood. In view thereof, the opposite party no.2 accompanied the applicant herein, however, instead of taking her to the hospital the applicant took her to his house, where, except the mother all other family members met and welcomed her in the house. The sisters-in-law (bhabhis) of the applicant herein went in the kitchen to bring tea for her. Subsequently, applicant's elder brother Ashish brought tea and brothers- Ketan Kumar and Atul brought biscuits and namkeen etc. After consuming the tea, she became unconscious. When she regained her consciousness, she found herself without clothes and she realized that she has been raped. Then, the aforesaid sisters-in-law of the applicant brought clothes of the opposite party no.2, then, she wore the said clothes. Then, the opposite party no.2 told them that she will complain about this incident to the police. Then, the applicant putting the revolver on his head told her that he loves her and wanted to marry her, if she refused, he will commit suicide right then. Then, all the family members came inside the room and called her a bride and at the same time all the persons shown the nude pictures of the opposite party no.2, which they have taken during the aforesaid incident. Thereby, the opposite party no.2 got frightened. Thereafter, on the basis of the aforesaid nude pictures taken by the applicant and other family members, they started blackmailing the opposite party no.2. In such a compelling circumstances, the opposite party no.2 agreed to marry the applicant herein. Thereafter, after sometime all the family members except the father of the applicant herein came to the house of the opposite party no.2 and a golden ring was given to the opposite party no.2. Thereafter, under the pretext of marriage the applicant started physical exploitation of the op
Consent obtained under threat or misconception is invalid; initial coercive acts establish a prima facie case of rape.
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
Consent under Section 375 cannot be considered valid if based on a false promise of marriage if the promise was not made with fraudulent intent from the outset. Subsequently, a prolonged consensual r....
The distinction between consensual relations and rape lies in the perception and intention behind consent; the breach of a promise to marry does not equate to misconception if the relationship is con....
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
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