Calcutta HC quashes charges against man accused of rape based on false promise of marriage

The Court was hearing the revision petition filed by the accused under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 with a view to quashing the charge sheet filed under Section 417/376 of the Indian Penal Code, 1860.

The bank of Justice Ajay Kumar Gupta observed, “If her previous marriage exists, how a woman can marry another person is a big question. There could be no question of a promise of marriage that the plaintiff had made to her at that time. She was mature and capable enough to understand the consequences of the moral and immoral actions she had agreed to during her previous marriage.”

Quick facts–

A complaint was lodged against the plaintiff, Bhabatosh Biswas, alleging that he promised to marry her and based on that promise, initiated physical relations with her. The petitioner denied the allegations, saying he had been falsely implicated. He argued that the appellant was a married woman and the question of her marriage did not arise. He further argued that since both parties were adults and had consensual relationships, there was no criminal offense and, in his view, the charge sheet was filed without proper scrutiny and should be quashed.

The court found that there was no document showing that the applicant’s marriage to her husband was dissolved.

According to the court, the investigation did not reveal sufficient facts constituting violation of Section 417/376 of the IPC.

The court found that it was clear from all the documents that the applicant had given his consent to live together not just on a single day, but several times at different times in different places. Therefore, such a relationship between her and the plaintiff remained undisputed and undisputed for a long period of time.

The court noted that the SC’s decision in Criminal Appeal No. 3431 of 2023 in XXXX v. State of Madhya Pradesh and Others applies entirely to the present case. The court quoted: “A similar question was considered by this court in the case of Naim Ahamed v. State (NCT of Delhi), which reported almost identical facts in 2023 SCC OnLine SC 89, wherein the prosecutrix herself was already a married woman with three children. The complaint alleging rape based on a false promise of marriage was filed five years after their relationship began. She even became pregnant from the defendant’s loins. In it, she divorced her existing marriage long after relations between the parties had begun. The court concluded that it is “inconceivable that the prosecutor gave her consent to a sexual relationship under false pretenses.”

Accordingly, the court quashed the charge of offenses under Section 417/376 of the Indian Penal Code.

Ultimately, the court granted the appeal.

Title of the case: Bhabatosh Biswas v. State of Bengal

Look:

Complainant: Adv. SM Obaidullah and Adv Sudarshan Roy

Respondent: Adv. Asraf Mondal, Adv. Bani Israil, Adv. Faria Hossain and Adv Mamata Jana

Click here to read/download the judgment