The Supreme Court has reiterated that the consent for sexual intercourse obtained by a person by giving false promise of marriage would not excuse him from rape charges.
The case concerns the rape of a woman by a government doctor in Chhattisgarh in 2013. The prosecutrix, resident of Koni, Bilaspur and a Pharmacy student, was familiar with the accused, a Junior Doctor in the government hospital of Maalkharoda, since 2009 and was in a love affair. He had even proposed to her and their families were involved as well.
On 28/4/2013, he had expressed his desire to meet her. On 29/4/13, she boarded the Durg Danapur Express train and reached Sakti railway station from where he took her on a motorcycle to his home. She stayed there for a day during which, despite her reluctance, he tried to develop physical relations with her on the pretext of marrying her. The next day, he asked her to leave and told her that he will speak to his parents about their marriage. After this he dropped her off at her friend’s home in Bilaspur. Next morning, the prosecutrix boarded a train to Bhilai and just before she left, the accused demanded of her that she shouldn’t tell anyone about this incident until he speaks to his parents. The next 3-4 days she continuously tried to contact him regarding their marriage but she did not receive a reply. On 6/5/13, she informed her parents about the whole incident after which they all went to visit him in Kharod. There they informed his parents about the promises that their son had made and their marriage was fixed. After keeping the prosecutrix and her family in the dark for about 2 months, the accused refused to marry her and himself got married to another woman. On 21/6/13, she filed a complaint in the Maalkharoda police station stating that the accused had raped her in the pretext of marrying her based on which FIR (Ex.P4) for the offence under Section 376 of IPC was registered against the accused.
During the course of investigation, the investigating officer recorded the statement of the concerned witnesses including the prosecutrix. The investigating officer collected the medical evidence and other evidence. The accused was arrested. After completion of the entire investigation, a charge sheet was filed against the accused for the offence punishable under Section 376 of the IPC.
In his judgment for the Bench, Justice Shah observed that it was clear from the evidence that the man’s intention was to cheat the victim. She would not have consented to the sexual act had he not promised her marriage
.After a lot of pleading and denial of the judgements by the accused, he has confirmed the judgment and order of conviction passed by the learned trial Court convicting him for the offence under Section 376(1) of the IPC and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.50,000/, as a fine or further undergo additional rigorous imprisonment for six months The accused has preferred the present appeal.
Rape is the most morally and physically reprehensible crime in a society, an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female. Rape reduces a woman to an animal, as it shakes the very core of her life. The fact that both the accused and the prosecutrix have married different people and moved on cannot erase the fact that he has committed a crime. And someone who commits a crime will pay the price.
Blogged by Isha Gajjar