The Bombay High Court has decided to quash an FIR and chargesheet related to a rape case involving a false promise of marriage. The case revolved around whether the victim’s consent was vitiated by a promise to marry that was allegedly false.
Justice Vinay Joshi and Justice Vrushali V. Joshi observed that the victim, a college student, had sufficient intelligence to understand the act’s moral implications and had consented to the relationship. They noted that both parties had been involved for years, had tried to arrange the marriage, and there was no clear evidence of deceit from the beginning.
The prosecution had claimed that the applicant had engaged in sexual intercourse with the victim under the false pretense of marriage. They argued that the consent given under such a misconception of fact constituted rape. The Court referenced a Supreme Court ruling in the case of Pramod Suryabhan Pawar vs. State of Maharashtra, which outlined that consent must involve a reasoned decision and that a false promise must be given in bad faith and directly influence the decision to engage in the sexual act.
The Court concluded that the victim’s consent was not obtained through misrepresentation. The relationship had been open and known to both families, and the applicant had made efforts to marry, including discussions with his parents about the marriage. Additionally, the applicant’s report showed that the victim had previously pressured him, raising concerns about false accusations.
Ultimately, the Court found that the promise of marriage was not a deceitful act, and there was no indication that the applicant had no intention to marry when he made the promise. Therefore, the FIR and chargesheet were quashed, and the application was allowed.
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