Case Note & Summary
This case involved an appeal against the conviction of the appellant for offences under Sections 365 and 376 of the Indian Penal Code, 1860. The appellant, Deepak Gulati, was accused of kidnapping and raping Geeta, a 19-year-old student. The incident occurred on May 10, 1995, when Geeta willingly accompanied the appellant to Kurukshetra with the intention of getting married. During their time together, the appellant had sexual intercourse with her against her wishes at Karna lake and later at his relatives' home. After four days, Geeta was thrown out by the appellant and subsequently reported the incident to her father, leading to the appellant's arrest. The prosecution presented 13 witnesses, and the Sessions Court convicted the appellant, which was upheld by the High Court. The Supreme Court, however, found that the prosecutrix had not raised any objections during the incidents and had voluntarily gone with the appellant multiple times, including to a temple and a bus stand to marry him. The court concluded that the prosecutrix's consent was not obtained under false pretenses, and thus, the appellant was entitled to the benefit of the doubt. The appeal was allowed, and the conviction was set aside, with the appellant's bail bonds discharged.
Headnote
A) Criminal Law - Rape - Consent under False Promise - Indian Penal Code, 1860, Sections 375, 376 - The court examined whether the prosecutrix's consent was obtained under a misconception of fact regarding marriage, determining that the appellant's promise was not false and thus did not amount to rape. The court emphasized the need for clear evidence of mala fide intention to establish rape under the IPC (Paras 15-24).
Issue of Consideration
Whether the prosecutrix's consent was obtained under a false promise of marriage, thus constituting rape.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction and sentences awarded by the lower courts, and discharged the appellant's bail bonds.
Law Points
- Consent
- False Promise of Marriage
- Rape
- IPC Sections 365
- 376
- Evidence Act Section 90
