NAGPUR: Consent to sexual intercourse provided under a false presumption of fact cannot be treated as an independent one, the Nagpur Bench of the Bombay High Court (HC) ruled while dismissing the complaint of a person. FIR for raping her.
The police registered a charge against a man on a complaint lodged by his ex-fiancee after he dumped her. he accused Bhandara Accused of having physical contact with her at a forest resort by promising to marry her soon.
“The facts stated in the FIR and the conduct of the petitioner clearly show that his intentions were sinister. He had sex against her will by obtaining her consent under the promise to marry him. Such consent cannot be called free consent. Consent given under a false presumption of fact is not an independent one,” a Bench of the Justice Atul Chandurkar and justice Govinda Sanapi Held.
Not treating the petitioner’s act of cohabitation as a simple case of fraud, the bench observed that it was compounded with the serious offense of rape. “On the basis of this material it can be ascertained that the accused had concealed his intention not to marry the girl after the fulfillment of his sexual lust,” the judges said. The bench said that in such cases the intention of the accused to commit the offense should be gathered from the totality of facts. “The facts of the case from any angle show that this is not a fit case for quashing the FIR,” the judges said.
After getting engaged on 22 February 2021, their marriage was fixed in Gadchiroli in April. However, it was postponed first due to the pandemic and then due to the girl contracting coronavirus.
The young man arranged a party at a Karhandla resort in June, where he forced himself on her in a drunken state and on the assurance that they would soon tie the knot. He again acted against her consent in the morning. After the incident, the young man started avoiding the girl citing compatibility.
Following this, the Gadchiroli victim filed a rape complaint against the youth, who approached the HC to quash it, saying her allegations were baseless.
The police registered a charge against a man on a complaint lodged by his ex-fiancee after he dumped her. he accused Bhandara Accused of having physical contact with her at a forest resort by promising to marry her soon.
“The facts stated in the FIR and the conduct of the petitioner clearly show that his intentions were sinister. He had sex against her will by obtaining her consent under the promise to marry him. Such consent cannot be called free consent. Consent given under a false presumption of fact is not an independent one,” a Bench of the Justice Atul Chandurkar and justice Govinda Sanapi Held.
Not treating the petitioner’s act of cohabitation as a simple case of fraud, the bench observed that it was compounded with the serious offense of rape. “On the basis of this material it can be ascertained that the accused had concealed his intention not to marry the girl after the fulfillment of his sexual lust,” the judges said. The bench said that in such cases the intention of the accused to commit the offense should be gathered from the totality of facts. “The facts of the case from any angle show that this is not a fit case for quashing the FIR,” the judges said.
After getting engaged on 22 February 2021, their marriage was fixed in Gadchiroli in April. However, it was postponed first due to the pandemic and then due to the girl contracting coronavirus.
The young man arranged a party at a Karhandla resort in June, where he forced himself on her in a drunken state and on the assurance that they would soon tie the knot. He again acted against her consent in the morning. After the incident, the young man started avoiding the girl citing compatibility.
Following this, the Gadchiroli victim filed a rape complaint against the youth, who approached the HC to quash it, saying her allegations were baseless.
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