The Madhya Pradesh High Court has exonerated a man who had been previously convicted of rape on the grounds of a false promise of marriage. The court determined that it was unequivocally evident that the physical intimacy between a couple who had connected through a matrimonial website had occurred with mutual consent.
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The Madhya Pradesh High Court has acquitted a man previously convicted under Section 376(2)(n) of the Indian Penal Code (IPC) for rape on the grounds of a false promise of marriage. This case, has garnered significant attention due to its intricate details and the court’s interpretation of consent and promise in the context of matrimonial relationships.
The case revolves around two individuals who met on a matrimonial website. The appellant, Hariom Shrivastava, and the prosecutrix, a 30-year-old woman employed in a government job, developed a relationship that led to physical intimacy. The trial court had convicted Shrivastava after the prosecutrix accused him of establishing physical relations under the false pretext of marriage. She alleged that Shrivastava expressed his love and promised marriage to prevent her from leaving the hotel where they met.
However, the High Court, led by Justice Prem Narayan Singh, overturned this conviction after a thorough examination of the facts. The judgment stated,
“It is crystal clear that the physical relations between the prosecutrix and appellant were made with consent…since the appellant himself has not specifically declined regarding marriage with prosecutrix, the allegation of false promise cannot be established.”
This statement underscores the court’s stance on the consensual nature of the relationship.
The court noted that the prosecutrix did not raise an alarm, lodge a complaint with her parents, or exhibit any signs of being forced into the relationship. These observations were crucial in determining the consensual aspect of their interactions. Justice Singh further elaborated,
“The prosecutrix is a major lady…she has not made any complaint to her parents in this regard. Hence, the prosecution case regarding committal of physical relations on misconception has not been evinced beyond all reasonable doubts.”
The defense, led by Advocate Virendra Sharma, and the prosecution, represented by Panel Lawyer Sachin Jaiswal, presented various pieces of evidence, including WhatsApp chats. These chats revealed casual conversations about love and marriage but did not conclusively prove that Shrivastava had declined to marry the prosecutrix. The court acknowledged that the prosecutrix was already married, while Shrivastava was not, at the time of their relationship, further complicating the narrative of a broken promise of marriage.
In conclusion, the High Court found that the physical relations between Shrivastava and the prosecutrix were consensual and that the prosecutrix, being a consenting adult, did not exhibit any behavior that would indicate coercion or deceit. The court thus set aside the conviction and acquitted Shrivastava, ordering that “the appellant is entitled to receive back the fine amount deposited by him from the learned trial Court.”
This judgment is significant as it delves into the nuances of consent and promises in relationships formed online, especially on matrimonial sites. It highlights the complexities involved in discerning the intentions and agreements between adults in consensual relationships. The case sets a precedent in understanding the legal boundaries of consent and promises in the digital age.
Case Title:
Hariom Shrivastava v. The State Of Madhya Pradesh & Anr.
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