The Himachal Pradesh High Court dismissed a petition, filed for quashing the FIR registered for the commission of the offense punishable under Section 376 of IPC. The Court observed that when the accused entered into sexual relations with the victim after making her a promise to marry her which promise he never intended to keep, he is guilty of rape.
Brief Facts:
The informant made a complaint to the police stating that she had joined her services at Shimla. Her house was at a distance from Shimla so she resigned; however, the company canceled the resignation and transferred her to Panchkula. The informant was introduced to the petitioner, who was employed in the company. The informant had no place to stay. She contacted the petitioner and asked him to arrange a room in Shimla. She went to Shimla and saw that one room. The petitioner was present in the room. He promised to marry her. They had sexual relations thereafter. The informant became pregnant in the year 2021. The petitioner got the fetus aborted forcibly. The petitioner continued to maintain sexual relations with the informant. She became pregnant in the year 2022. The petitioner got married in the meantime. The police registered the FIR and conducted the investigation. The petitioner filed the present petition asserting that he is innocent and he was falsely implicated.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the Petitioner is innocent and he was falsely implicated. No case for the commission of an offense punishable under Section 376 of IPC is made out against the petitioner. The petitioner would abide by all the terms and conditions which may be imposed by the Court.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the petitioner had entered into a sexual relationship with the informant under the pretext to marry her. He subsequently refused to honor a promise made by him and married somewhere else.
Observations of the Court:
The Court noted that the informant became pregnant and the petitioner administered some drugs to abort her foetus. The petitioner married somewhere else. He had even made the promise to the informant to break off his engagement and marry the informant. This shows that the petitioner never had any intention to marry the informant.
The Court observed that it was not a case of mere breach of promise to marry but a case where the consent to sexual intercourse was obtained by deception which would vitiate the consent of the informant and the resultant act will be without the consent of the informant. Where the accused entered into sexual relations with the victim after making her a promise to marry her which promise he never intended to keep, he is guilty of rape.
The decision of the Court:
The Himachal Pradesh High Court, dismissing the petition, held that the nature of the offense is such that would disentitle the petitioner from the concession of the bail.
Case Title: Ramesh Kumar v State of Himachal Pradesh
Coram: Hon’ble Justice Rakesh Kainthla
Case no.: Cr. MP(M) No. 2927 of 2023
Advocate for the Petitioner: Mr. Mohan Sharma
Advocate for the Respondents: Mr. Prashant Sen
Read Judgment @LatestLaws.com
Picture Source : https://aldianews.com/sites/default/files/articles/5533216942_e4e47cd182_o_%281%29.jpg
