Tuesday, the bench of Justice L. Nageswara Rao and Justice MR Shah at Supreme Court, reiterated that, establishing physical relationship on a false promise of marriage is rape.
The accuse and prosecutrix were in love since 2009. The accuse was posted as a junior doctor in a government hospital, and the prosecutrix was studying pharmacy.
In the end of Apr 2013, they both meet at accused place, and there the accused expressed desire of physical relationship with a promise of marriage, and they stayed together for 2 days.
The prosecutrix after a week time, after not getting proper response of marriage from the accused, she told the incident with parents. Then the parents of prosecutrix contacted the accused parent and both family aggreed for the marriage between the prosecutrix and the accused.
Then both family started visiting house of each other, this continued approximately two months. After two months accused denied marriage with prosecutrix and married to other girl.
Then prosecutrix approached the Maalkharoda police station, where FIR registered under IPC section 376 for “rape committed by the accused upon her on the pretext of marriage”.
In the trial accused said that, the marriage was already fixed with other girl, which prosecutrix and her family were aware of it. Even after prosecutrix and family putting pressure to marry. Then accused married in June 2013 at Arya Samaj Mandir.
The learned Session Court, observed that prosecutrix given consent on a false commitment of marriage. Then court said :
“therefore the said consent cannot be said to be a consent and therefore the accused committed the offence under Section 376 of the IPC”.
Then the Learned Session Court sentenced accused for rigorous imprisonment of 10 years under sec 376 of IPC. The accuse then appeal before High Court, the court dismissed his appeal and confirmed the learned Session Court sentence.
The bench observed that accuse had no intention to marry and the consent was a misconception and such incident growing now-a-days in society, which is not good for society, and said
“Rape is the most morally and physically reprehensible crime in a society, an assault on the body, mind and privacy of the victim. As observed by this Court in a catena of decisions, while a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female”.
The bench also had opinion that
“Rape reduces a woman to an animal, as it shakes the very core of her life. By no means can a rape victim be called an accomplice. Rape leaves a permanent scar on the life of the victim. Rape is a crime against the entire society and violates the human rights of the victim”.
The learned counsel for the accuse, prayed for releif on the ground that the accused married with other lady while prosecutrix also married with other man. On this bench said that the marriage is no ground, and said as
“is no ground not to convict the appellant-accused for the offence punishable under Section 376 of the IPC” .
The bench in the matter of Anurag Soni vs. State of Chhattisgarh, considering fact, circumstances and the request made by learned counsel for accuse, reduced the sentence to 7 year of imprisonment.