Consent given based on a false promise of marriage constitutes rape under IPC Section 376, establishing that deception invalidates consent.

JUDGMENT

The conviction and sentence imposed on the appellant for the various offences by the learned Sessions Judge, Mahila Court, Cuddalore, in S.C. No.244 of 2019 vide judgment dated 26.08.2021 is under challenge in the present appeal.

2. The appellant was charged and tried for the offences u/s 354 (D), 452, 376, 417 IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and after trial, the appellant was convicted u/s 376 and sentenced to undergo rigorous imprisonment for a period of ten years together with fine of Rs.50,000/-, in default to undergo simple imprisonment for a period of two years and convicted for the offence u/s 417 and sentenced to rigorous imprisonment for a period of one year together with a fine of Rs.10,000/-, in default to undergo simple imprisonment for a period of three months. However, the appellant was acquitted of the charges u/s 354 (D) and 452 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act . Aggrieved by the said conviction and sentence, while the appellant/accused had preferred the appeal, however, insofar as the acquittal of the appellant u/s 354 (D) and 452 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act , the State has not preferred any appeal.

3. The brief facts necessary for the disposal of this appeal are as under :-

P.W.s 1 and 2 are the mother and father of the victim, P.W.4, while P.W.3 is the neighbour of the victim. P.W.5 is the elder sister of the victim and P.W.6 is the co-worker along with the victim. P.W.4 was working in a fancy store at Thirupathiripuliyur. The appellant and constantly followed P.W.4 and had told P.W.4 that he is madly in love with her and that he will marry her and inspite of the fact that P.W.4 had told about the cultural and status difference between the two families, the appellant continued to stalk her and promised P.W.4 that he will marry her. The appellant, to show that he will marry P.W.4, had also presented P.W.4 with a silver ring on her ring finger and based on the said promise, P.W.4 also fell in love with the appellant. Thereafter, due to the lures of the appellant, while P.W.4 was returning from work during July, 2018, the appellant invited P.W.4 to his house and after speaking sugar-coated words and promising that he will marry P.W.4, and had indulged in sexual intercourse with P.W.4. Thereafter, the appellant had sexual intercourse with P.W.4 on more than five occasions and when P.W.4 insisted the appellant to speak with his parents for their marriage, the appellant pacified that he will speak with his parents and arrange for their marriage.

4. However, the appellant did not speak with his parents regarding their marriage. Since by then, P.W.4 was pregnant, P.W.4 informed the same to the appellant and the appellant took P.W.4 for the purpose of pregnancy testing, but returned back without undergoing the testing. However, bringing P.W.4 back to his friend’s house, the appellant, with the help of the wife of his friend, took the test for pregnancy of P.W.4, which returned positive. Inspite of the refusal of P.W.4 to consume tablets to abort the pregnancy, the appellant insisted P.W.4 to consume the same by promising that he will speak about their marriage with his paternal uncle and aunt. Due to the insistence of the appellant, P.W.4 consumed the tablets. P.W.4, thereafter, went to the house of the paternal uncle and met his wife and informed about the relationship of P.W.4 with the appellant and also about the consumption of tablets to abort the pregnancy for which his aunt advised P.W.4 to go over to the house of the appellant and speak about the marriage. When P.W.4 informed the same to the appellant, he scolded P.W.4 and further informed her that he will not marry her and that he is about to be engaged with a girl selected by his parents and advised P.W.4 not to ruin her life and if required, he would maintain her as well after his marriage. The occurrence, according to