Why Supreme Court quashed man’s rape conviction using ‘sixth sense’

Background

The case dates back to 2015, when the appellant man and the complainant woman met on a social media platform and gradually developed a close relationship while later turned physical too.

According to the woman, she consented to the physical relationship on the basis of a promise of marriage made by the man.

When the marriage did not materialise within the expected time, she lodged an FIR on November 2, 2021, at the women police station in Sagar district, Madhya Pradesh.

The FIR was registered under Sections 376 (rape) and 376(2)(n) (rape on the same woman) of the IPC, alleging repeated rape on the false promise of marriage.

Following investigation, a chargesheet was filed in February 2022. The trial court convicted the appellant under Sections 376(2)(n) and 417 (cheating) of the IPC, sentencing him to ten years’ rigorous imprisonment for the rape charge along with a fine of Rs 50,000, and two years’ rigorous imprisonment with a fine of Rs 5,000 for cheating.

The appellant challenged his conviction before the Madhya Pradesh High Court.

However, his application seeking suspension of sentence was rejected by the high court on September 5, 2024, prompting him to approach the Supreme Court.

Submissions

The counsels for the man as well as the woman submitted that they were married since July 22 and residing together.

They urged the court to quash the trial court verdict and the FIR against the man.

Findings

Expressing satisfaction with the outcome achieved through judicial intervention, the court said, “This is one of those rare cases where on the intervention of this Court the appellant herein, who had applied to seek suspension of his sentence was ultimately benefitted by quashing his conviction as well as the sentence.”

Invoking its extraordinary powers under Article 142 of the Constitution, the bench quashed the FIR, the trial court judgment dated April 12, 2024, and the conviction and sentence imposed on the man.

When the appeal came up before the Supreme Court, the bench noted that initially it was just a challenge to the Madhya Pradesh High Court’s refusal to suspend the sentence.

However, the bench sensed that the dispute could potentially be resolved if the parties were reunited.

Acting on this instinct, the bench suggested to the counsel for both sides to seek instructions following which, the accused and the woman appeared before the judges along with their parents.

The judges interacted with them in chambers and were informed that both were willing to marry each other. Following this, the court granted interim bail to the appellant.

It observed that both parties had intended to marry and that the criminal complaint may have been triggered by insecurity caused when the man sought postponement of the marriage.

“We think that owing to a misunderstanding the consensual relationship between the parties was given a criminal colour and converted into an offence of false promise of marriage,” the court said.

Taking note that the parents of both parties were “happy by this development”, the court said recorded in the verdict that the woman, now his wife, expressed her desire not to pursue the criminal proceedings any further.

As a consequence, the criminal appeal pending before the Madhya Pradesh High Court was rendered infructuous.

The court, noting that the man, a government employee, had been suspended following his conviction directed the authorities to revoke his suspension and pay arrears of salary within two months.

It also recorded that he had already re-joined duty pursuant to interim orders staying his conviction.