Consent to sexual intercourse vitiated if false promise of marriage given in bad faith from inception with direct nexus to the act, distinguishing from mere subsequent breach, warranting refusal to quash rape proceedings prima facie.

JUDGMENT :

AVNISH SAXENA, J.

1. Heard Sri Manvendra Singh, learned counsel for the applicant, Sri Devendra Singh, learned counsel for the opposite party no.2 and Sri Shashi Kant Tiwari, learned AGA for the State.

2. By means of the present application under Section 528 BNSS the accused/applicant seeks interference of this Court to quash the charge sheet dated 29.09.2024, cognizance order dated 11.11.2024, taken by the court of Additional Chief Judicial Magistrate, Court No.1, Fatehpur and the proceedings of Sessions Trial No. 550 of 2025 (State Vs. Rahul Singh) arose out of Case Crime No. 158 of 2024 for the offence under Sections 376, 313, 323, 506 IPC, P.S. Kishanpur, District Fatehpur, pending in the court of Additional Sessions Judge/F.T.C., Court No.1, Fatehpur.

3. The prosecution case evolved through the FIR dated 19.08.2024, registered at Police Station Kishanpur, District Fatehpur at 22:08 Hrs. against the five named persons, namely, Rahul Singh (applicant), Narendra Singh, Raju, Munna and Vikas through an application under Section 156(3) Cr.P.C. The main allegation of rape on false promise of marriage is on accused/applicant. The other co-accused were assigned the role of forcefully administering the medicine for getting aborted the foetus, voluntary causing hurt, criminal intimidation and committing the crime with common object. It is alleged in the FIR that the victim (opposite party no.2) was a widow having three children. To nurture her family she has started a Tea Stall (Kiosk) at Vijaypur. Two years back, she came in contact with accused/applicant, who used to visit the kiosk. With time the accused/applicant has inquired about her marital status and the liability of three children upon her, consequently, tendered his sympathy and help with the assurance that he being unmarried would like to marry her and help her children. The victim being a hapless lady believed the accused/applicant and entered into sexual intercourse on the assurance of the accused/applicant that he will marry her. This relation was continued for nearly two years, during which period she became pregnant. On 17.06.2024 at 10:00 p.m., the allegation is that all the accused/applicants entered her house intimated that the accused/applicant is already married having two children. She has to forget him and could be compensated in money. She was offered to take the medicine for abortion, which she has refused, then the accused/applicant and other accused had forcibly administered the medicine for aborting the foetus, consequently, she suffered abortion. She was beaten with kicks and fists and criminally intimidated not to lodge any FIR, otherwise she and her children would be thrown in ‘Jamuna River’. She has reached the police station next morning but the police has not lodged any FIR, which led her to move the Magistrate Court for lodging of the FIR, invoking (3)Cr.P.C./175(3)BNSS. After lodging of the FIR, the investigation has been carried out. Her statements under Sections 161 and 164 Cr.P.C. have been recorded. The Investigating Officer has submitted the police report finding sufficient material against the accused/applicant for the offence under Section 376, 313, 323 and 506 IPC, whereas not charge sheeted the other co-accused, namely, Narendra Singh, Raju, Munna and Vikas.

4. Leaned counsel for the accused/applicant submits that it is the case of rape on false promise of marriage by an elderly lady, who is widow having three children. There is no medical corroboration of the incident of rape. There is no specific date, time and place mentioned, where the victim was subjected to rape on false promis