A promise of marriage is invalid if made to a married person; thus, no charge of rape can be substantiated against the accused.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY ON THE 27^th OF OCTOBER, 2025 CRIMINAL REVISION No. 4575 of 2025 RUDRA PRATAP SINGH @ BOBBY RAJA Versus STATE OF MADHYA PRADESH AND ANOTHER ----------------------------------------------------------------------------------------------------------

Appearance:

Shri Jagat Singh, Advocate for the petitioner.

Shri Aatmaram Bain, Deputy Government Advocate for the respondent/State.

Shri Prakhar Naveriya, Advocate for the objector.

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ORDER This revision petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed being aggrieved by the order dated 29.08.2025 passed by the learned Sessions Judge, Chhatarpur in Sessions Trial No.205/2025 whereby the learned Sessions Judge has framed the charge for offence punishable under Section

69 of Bharatiya Nyaya Sanhita, 2023 against the petitioner/accused.

2. The concise facts leading to the conclusion of the present petition are that the complainant/prosecutrix submitted a written application addressed to the SHO, Police Station Civil Lines, District Chhatarpur on 22.04.2025 stating that she became acquainted with the petitioner in May, 2024 through Instagram and since then they had been talking to each other Signature Not Verified Signed by: CHRISTOPHER .2.

through mobile phone. She had told the petitioner that she was married but her case of divorce was pending. It is further stated that the petitioner had promised to marry with her and on his promise, she went to Chhatarpur on 02.10.2024 where she stayed with the petitioner in a resort at Lalauni where the petitioner made physical relations with her and assured her that he would marry with her soon. However, later-on, the petitioner denied to marry. The prosecutrix stated that the petitioner committed rape upon her several times by making false promise of marriage. On the basis of such written application, FIR being Crime No.325/2025 for offence under Section 69 of BNS, 2023 has been registered against the petitioner at Police Station Civil Lines, Chhatarpur.

2.1 After completion of investigation, a final report was submitted before the Court of Judicial Magistrate concerned and thereafter the case was committed for trial to the Court of Sessions being exclusively triable by it.

2.2 The learned Sessions Judge vide impugned order has framed charge for offence under Section 69 of BNS, 2023 against the petitioner.

Being aggrieved by the same, this revision petition has been filed.

3. Learned counsel for the petitioner submitted that if the entire prosecution story is taken as true, even then no offence of rape can be made out. It is further submitted that since the prosecutrix was already a married woman at the time of alleged incident, there can be no promise of marriage made to her on behalf of petitioner. It is also submitted that the prosecutrix being a married woman cannot be induced into a physical relationship under the assurance of the marriage. Therefore, it is prayed to allow this Signature Not Verified Signed by: CHRISTOPHER .3.

revision and the petitioner may be discharged from the offence as alleged against him.

4. Per contra, the learned counsel for the respondent/State submitted that the petitioner had entered into physical relationship with the prosecutrix by making a false promise of marriage, therefore, there arose a clear notion of inducement for marriage. It is further submitted that the evidence is not required to be appreciated at the stage of framing of charge. Hence, the learned Sessions Judge has not committed any error in framing the charge and this