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| Consensual Physical relation over long period is not Rape: Court | | | Early Times Report
JAMMU, Apr 15: Presiding Officer Fast Track Court Jammu, Amarjeet Singh Langeh dismissed a criminal case titled State Vs Abhishek Hans and discharged accused for offence of rape. Allegations against the accused were that he initiated a love Affair with prosecutrix and prosecutrix remained in relationship with him for more than three years as accused promised to marry her which fact she also apprised her brother, sister and mother. It was also alleged that she and accused used to go to residence of each other freely and accused bluffed her into physical relationship under false pretence of marriage and when she insisted for marriage, accused refused. Thereafter she registered a complaint with police station concerned where FIR No.129/2023 for offence under section 376 of IPC was registered and on completion of investigation, case for trial for commission of rape against accused on false promise of marriage was presented in the court.
While discharging accused court held, "material available on record, even if taken on face value would demonstrate that the relationship between prosecutrix and accused originated in love affair, developed over a period of time accompanied by consensual physical relation for over a period of three years and yet she could not underscore the gravity of situation and its implication. Against this backdrop, for prosecutrix to say that accused raped her all this while and marriage between the two could not be fructified- is an assertion which is implausible to be entertained on facts".
Relying on various Supreme Court judgments that fraudulent intention if any must be ostensible from inception, court further elaborated that " complaint based on which FIR was registered does not even insinuate that accused had fraudulent intention to trick prosecutrix into false promise to marry her and false promise was ever made by accused to her only to sexually exploit her. In her 164 Cr.P.C statement, prosecutrix however says that after she and the accused started loving each other, the accused called her to a restaurant at Gandhi Nagar, Jammu and made a false promise to marry her." adding "if at the very inception, prosecutrix got an indication that the accused actually had no intention to marry her, then despite this, why did she develop physical relation and conscious intimacy with him- is not fathomable at all."
"Being a major, prosecutrix was fully conscious of consequences of her own action and yet for her to complain that accused tricked her into submission - is something which defies logic" court further observed and dismissed Challan and discharged the accused for lack of prima facie prosecutable evidence. —JNF |
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