The Supreme Court of India on Wednesday has acquitted a man, Vinod Gupta, previously accused of raping a woman under the pretext of marriage. The ruling, delivered by Justices CT Ravikumar and Rajesh Bindal, sheds light on the complexities surrounding consent, marital status, and legal accountability in relationships.
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The apex court’s decision was heavily influenced by the nature of the relationship between the accused and the complainant, who was already married at the time of the alleged incident. The bench pointed out that the woman was “mature enough to understand” the implications of her actions, emphasizing that
“It is not a case where the complainant was of an immature age who could not foresee her welfare and take the right decision. She was a grown-up lady, about 10 years older than the appellant.”
The court further noted that the relationship was consensual, stating,
“It is evident that there was no promise to marry initially … She was matured and intelligent enough to understand the consequences of the moral and immoral acts for which she consented during the subsistence of her earlier marriage. In fact, it was a case of betraying her husband.”
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The Supreme Court also highlighted discrepancies between the First Information Report (FIR) and the complainant’s statement recorded before the Magistrate under Section 164 of the Criminal Procedure Code (CrPC). These inconsistencies played a crucial role in the court’s decision to acquit Gupta.
The narrative unfolded as the complainant, who was managing her shop and living separately from her husband due to disputes, filed an FIR against Gupta after he allegedly reneged on a promise to marry her post her divorce. However, the court observed that the relationship developed while she was still married and living separately from her spouse, with the FIR registered the day Gupta refused to marry her.
The Supreme Court’s observations were clear: the relationship between Gupta and the complainant was consensual, involving not only the complainant’s consent but also the implied consent of her family, as they were living in the same house where the alleged physical relations occurred.
The bench, while disposing of an appeal against a Madhya Pradesh High Court order that had refused to set aside the criminal proceedings against Gupta, underscored the consensual nature of the relationship and the mature status of the complainant. The court concluded that the FIR was an abuse of the legal process, leading to Gupta’s acquittal.
Conclusion
This landmark judgment by the Supreme Court brings to the forefront the nuanced understanding of consent, especially in cases involving adults who are capable of making informed decisions. It also emphasizes the importance of evaluating the credibility and consistency of allegations in legal proceedings. The ruling not only acquits Vinod Gupta of the charges but also sets a precedent for future cases, highlighting the distinction between consensual relationships and coercive promises of marriage.
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CASE TITLE
Case title- XXXX vs State of Madhya Pradesh and anr
Appeared for the accused – Advocate Ashwani Kumar Dubey
Appeared for the Madhya Pradesh government- Additional Advocate General Dhirendra Singh Parmar with advocates Rajan Kumar Chourasia, Mrinal Gopal Elker, Santosh Narayan Singh, Mohd Faisal and Saurabh Singh
