Case Note & Summary
<p>The Supreme Court allowed the appeal filed by the Appellant against the High Court's order which had set aside his discharge in a rape case -- The Appellant was discharged by the Sessions Court under Section 227 CrPC for offences under Sections 376/506 IPC -- The High Court reversed this discharge order -- The Supreme Court held that the relationship was consensual and the Complainant's consent was not vitiated by any misconception of fact -- The Court emphasized the distinction between a false promise to marry (which vitiates consent) and a breach of promise (which does not) -- Since both parties were in subsisting marriages when the relationship began, and the Complainant was aware of the circumstances, no offence under Section 376 IPC was made out -- The Court restored the Sessions Court's discharge order</p>
Headnote
Criminal Law-- Code of criminal Procedure, 19736- Section 227-- Indian Penal Code, 1860- Sections 376 and 506-- Rape- Complaint u/s 376 and 506 of IPC filed by respondent no.2-- Charge sheet-- Appellant/accused filed an application for discharge before trial court-- Session court passed an ordere of discharge passed in favour of appellant-- Aggrieved-- Challenged to discharge order by respondent no.2/complainant before high court in revision-- High court was pleased to allow the revision of complainant and set aside the order of discharge -- Aggrieved-- Challenged by appellant accused before Supreme court-- Consensual relationship between both side for long time-- Case of Naim Ahmed (Supra) referred-- Mere fact that physical relations were established pursuant to a promise to marry will not amount to rape in every case-- No material as to establish the ingredients of offence of criminal intimidation-- Prolonged consensus physical relationship- No element of force or deceit in relationship-- Sufficient material to exercise the powers u/s 227 of code-- Justification in passing an order of discahrge-- Judgment of high court set aside-- Appeal Allowed Para-- 13, 14, 15, 16, 17, 18
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Issue of Consideration: Whether there was sufficient material on record for the Sessions Court to have discharged the Appellant for offences under Section 376 and 506 IPC arising out of FIR no. 281/2021
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Final Decision
The Supreme Court allowed the appeal -- Set aside the Impugned Order dt. 03.01.2024 passed by the High Court of Delhi -- Restored the Order dt. 08.06.2023 passed by the Ld. Additional Sessions Judge discharging the Appellant
