Justice Anis Kumar Gupta, who dismissed a petition filed by Raghav Kumar from Agra. The petition sought to quash the criminal proceedings against him for allegedly raping a woman under the false promise of marriage.
Allahabad: The Allahabad High Court ruled that “if a man engages in sexual relations with a woman, and her consent was given under fear or misconception, such an act constitutes rape”
Justice Anis Kumar Gupta, who dismissed a petition filed by Raghav Kumar from Agra. The petition sought to quash the criminal proceedings against him for allegedly raping a woman under the false promise of marriage.
Raghav Kumar filed a petition under Section 482 of the Criminal Procedure Code, invoking the inherent powers of the High Court, to quash the charge sheet dated December 13, 2018, in Case Crime No. 211 of 2018 under Section 376 (rape) of the IPC, registered at Agra Mahila Thana. The case is currently pending before the District and Sessions Judge in Agra.
The allegations state that the applicant initially engaged in sexual relations with a woman after rendering her unconscious, and subsequently continued to exploit her physically under the false pretense of marriage.
The petitioner’s counsel stated that the applicant and the opposing woman were acquainted, having studied together while preparing for the civil services exam. Over time, they entered into a consensual physical relationship, which persisted for an extended duration.
The petitioner’s counsel argued that since the relationship between the parties was a longstanding and continuous consensual physical one, no offense under Section 376 (rape) of the IPC could be established against the applicant.
In contrast, the state counsel opposed the petition, claiming that the relationship began with deceit and that the applicant’s actions were forcible, lacking consent from the opposing party. Therefore, a prima facie case under Section 376 (rape) of the IPC was made out.
The court dismissed the petition on September 10, stating,
“Since the applicant initially established the relationship through deceit and threats against the will of the woman involved, a prima facie case of an offense under Section 376 (rape) IPC is evident against the applicant.”
The court continued,
“Although the subsequent relationship appears to have been consensual under a promise of marriage, it is alleged that this consent was given under the threat created by the applicant.”
“Thus, the court finds no valid reason to quash the proceedings as requested by the applicant. Consequently, the application is dismissed,”
the court concluded.
