DELHI HC UPHOLDS ACQUITTAL OF RAPE ACCUSED

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DELHI HC UPHOLDS ACQUITTAL OF RAPE ACCUSED

-Deepakshi Bhalla

BACKGROUND


Section 375 of the Indian Penal Code defines the heinous offense of Rape. According to this section- A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-

(Firstly)- Against her will.

(Secondly)- Without her consent.

(Thirdly)- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

(Fourthly)- With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

(Fifthly)- With her consent, when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gave consent.

(Sixthly)- With or without her consent, when she is under sixteen years of age.

When a woman who is eighteen years of age or above indulges in sexual intercourse with man, whom she is not married to, with her consent, it is not rape.

But when a man gives a false promise of marriage in order to obtain the consent of a woman to have sexual intercourse with her it amounts to rape. Whenever the accused gives promise to the victim to marry her,never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her,such a consent can be said to be a consent obtained on a misconception of fact as per Section 90 of the Indian Penal Code,and,in such case, such a consent would not excuse the offender and such an offender can be said to have committed the rape as defined under Section 375 of the Indian Penal Code and can be convicted for the offense under Section 376 of the IPC.

CURRENT ISSUE


The State has filed a petition seeking leave to appeal against a judgment dated 15.07.2019. The FIR was lodged pursuant to the complaint made by Ms. P. She stated that she had developed a friendship with the accused in the year 2013. And over a time of two years friendship transformed into a love affair. She also stated that the accused had promised to marry her.

She stated that on occasion, three months prior to 08.09.2016 he had invited her to his house to meet his mother. On visiting his house, she had found that his mother was not present. She alleged that the respondent raped her despite her resistance but also promised to marry her.



She further said that the respondent had taken her to a hotel on 08.09.2016 and thereafter, raped her. Although he had promised to marry her but had not fulfilled it and declined to do the same.  She approached the police station on 13.09.2016. She declined any internal medical examination. One of the friends of the respondent said that he knew the accused, as well as Ms. P and both of them, had a love affair. He said that the accused wanted to marry Ms. P but her parents were opposed to the marriage.  The fact that there had been a physical relationship between the two is not dubious.


The trial court observed that question was whether the consent of Ms. P was there or not. After observing all the evidence it was concluded that Ms. P had established sexual relations with the rape accused on account of love, not on the promise of marriage. Also, Ms. P had a physical relationship with the rape accused of the past 2 years which definitely would not have been based on the promise of marriage.

CONCLUSION


The rape accused was acquitted as there was no evident proof that he committed rape on Ms. P without her consent. There is no evidence that he had no intention to marry Ms. P. He wanted to marry her it was her parents who didn't want her to marry the accused. Also she continued her physical and love relationship for 2 years from which it is clear that she gave her consent for it. So from the facts it is articulate that the rape was not committed.

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