The record does not reflect any material suggesting fraudulent intent, as opposed to a relationship that later failed, the court said. (Image is generated using AI)
Uttarakhand High Court news: The Uttarakhand High Court has held that it is rape only when a promise of marriage is made solely to obtain consent for sexual relations, whereas a subsequent refusal to marry, “howsoever reprehensible from a moral standpoint”, does not negate consent, as it quashed a rape case against an Indian Army personnel.
Justice Ashish Naithani was acting on the plea of the man accused of raping a woman on the false promise of marriage.
A subsequent refusal to marry, however reprehensible from a moral standpoint, does not vitiate consent in law, the court said. (Image is enhanced using AI)
The court acted on the man’s plea against the chargesheet filed by the Berinag Police Station in Uttarakhand’s Pithoragarh district, said, “The law is by now well settled that sexual relations on a promise of marriage would amount to rape only if it is shown that the promise was false from the very inception and was made with the sole intention of obtaining consent. A subsequent refusal to marry, howsoever reprehensible from a moral standpoint, does not ipso facto vitiate consent in law.”
The February 18 order also underscored that “criminal law cannot be permitted to be used as a tool for settling personal scores arising out of failed relationships”, as it quashed the criminal proceedings pending before the Pithoragarh trial court.
Findings
FIR and the woman’s statements reveal that the allegation is that she accompanied the man on the assurance ofmarriage, and physical relations were established thereafter, post the refusal to marry her.
The material on record does not disclose any allegation of force, threat, coercion, or deceit practised at the inception of the relationship.
The woman does not allege that she wasabducted or compelled to leave her home against her will.
The consistent version emerging from the record is that she left her parental home voluntarily and accompanied the man.
Offence under Section 376 IPC, sexual relations on apromise of marriage would amount to rape only if it is shown that the promise was false from the very inception and was made with the sole intention of obtaining consent.
A subsequent refusal to marry, however reprehensible from a moral standpoint, does not vitiate consent in law.
The record does not reflect any material suggestingfraudulent intent at the threshold, as opposed to a relationship that later failed.
Supplementary medical report dated February 23rd 2022, when examined in conjunction with the statements on record, also does not lend support to the allegation of forcible sexual assault.
Without entering into a roving enquiry, the court noted that the medical evidence does not corroborate the prosecution’s version in a manner that would prima facie attract Section 376 IPC.
Man’s arguments
The material on record discloses aconsensual relationship between two adults.
The essential ingredients of Sections 366 (kidnapping, abducting or inducing a woman to compel her marriage, etc.) and 376 (rape) IPC are not satisfied.
The criminal proceedings have been initiated with oblique motives.
Continuation of the criminal proceedings would amount to anabuse of the process of the court.
Material on record discloses a consensual relationship between two adults
Essential ingredients of Sections 366 and 376 IPC are not satisfied, and the criminal proceedings have been initiated with oblique motives.
The woman left the parental home of her own volition; therefore, nooffence under Section 366 IPC was made.
Prosecution’s case
The alleged promise of marriage was not fulfilled.
There is no material to suggest that such a promise was false from the inception to vitiate consent.
Woman induced on the assurance of marriage, followed by sexualexploitation
Such allegations raise disputed questions of fact which cannot be adjudicated in proceedings under Section 482 (inherent powers of high courts), Code of Criminal Procedure.
Chargesheet filed after due investigation, and the truthfulness of the allegations must be tested during trial.
The woman was emotionally induced into leaving her home on the assurance of marriage, which was subsequently withdrawn.
She has consistently maintained her allegations, and that the applicant cannot seekquashing merely on the ground that he was at one stage willing to marry her.
‘Element of taking or enticing absent’
The essential ingredient of “taking” or “enticing” to constitute an offence under Section 366 IPC isprima facie absent.
Mere accompaniment of a consenting adult, without any element of compulsion or deception at the threshold, does not satisfy the statutory requirement of the offence.
Background
It came on record that the man and the woman met on asocial media platform in 2019. It was alleged that the man proposed marriage to the woman. The man was alleged to have established physical relations with her after taking her to a hotel.
A medical report was also produced during theinvestigation, following which the police filed the chargesheet against the man under Sections 366 and 376 of the IPC before a Pithoragarh court on April 5, 2022.
The man was granted bail by the Uttarakhand High Court on June 21, 2022.
Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.
She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.
Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.
Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More
A subsequent refusal to marry, however reprehensible from a moral standpoint, does not vitiate consent in law, the court said. (Image is enhanced using AI)