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When a Vow is a Deception: Gauhati High Court Rules on 'Consent' in Marital Pretext Cases

In a significant ruling addressing the boundaries of sexual consent, the Gauhati High Court has upheld the conviction of a Border Security Force (BSF) jawan, Jagadish Barman, affirming that physical relations established under a false promise of marriage cannot be considered 'consensual' in the eyes of the law.

The case, adjudicated by the Hon’ble Mrs. Justice Mitali Thakuria, reaffirms the judiciary's strict stance against sexual acts induced by deception, emphasizing that a promise of marriage made without any intention of fulfillment at the onset effectively vitiates consent under Section 375 of the Indian Penal Code (IPC).

A Web of Promises and Deception

The case originated from an FIR lodged in 2018, where the victim alleged that the accused had engaged in a sexual relationship with her for two years under the persistent, yet false, promise of a wedding. The evidence presented during the trial revealed that while the relationship appeared consensual to outsiders—with the pair frequently staying in hotels as "husband and wife"—the underlying dynamic was rooted in the victim’s anticipation of marriage.

The turning point occurred when the victim discovered the accused was actively seeking another woman to marry. Upon confronting him and seeking legal marriage, she was met with refusal and, eventually, a revelation that he had provided fake documentation to his superiors claiming he was already married to another person.

The Legal Battle: Breach vs. Falsehood

The appellant argued that the relationship was entirely consensual, contending that a mere failure to marry does not equate to the criminal offence of rape. Relying on Supreme Court precedents such as Mahesh Damu Khari vs. State of Maharashtra , the defense argued that a "breach of promise" is distinct from a "false promise."

However, the Court distinguished this case by highlighting the accused's conduct from the inception of the relationship. The prosecution successfully argued that the accused’s continuous deception—evidenced by his actions at the BSF headquarters—demonstrated that he never intended to marry the complainant, thus making the consent gained at the start of the relationship a "misconception of fact."

Key Observations

The judgment underscores the gravity of such cases, drawing from established legal wisdom:

• On the weight of the victim's testimony: "A prosecutrix of a sex-offence cannot be put on par with an accomplice. She is in fact a victim of the crime... there is no rule of law or practice incorporated in the Indian Evidence Act which requires it to look for corroboration."
• On the nature of consensual consent: "To establish whether the 'consent' was vitiated by a 'misconception of fact' arising out of a promise to marry, two propositions must be established. The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given."
• On the accused's intent: "This kind of activities of the accused appellant shows that he had no intention to marry the victim and had the intention to deceive her from the very beginning or at the very commencement of their relationship."

The Final Verdict

The Gauhati High Court dismissed the appeal, upholding the Trial Court’s sentence of 10 years of rigorous imprisonment for rape (Section 376 IPC) and one year of simple imprisonment for cheating (Section 417 IPC).

This ruling serves as a stern reminder that the legal definition of consent is not a mere formality. When the foundation of intimacy is built upon an intentional lie, the law will not allow the perpetrator to hide behind the veil of "consensual relationship" to escape accountability. For legal professionals and the public alike, this case clarifies that when the promise of matrimony is merely a tool for exploitation, the Court will interpret such consent as non-existent under Section 90 of the IPC.