Case Note & Summary
This case involved an appeal by the State of Uttar Pradesh against a High Court judgment that acquitted the accused, Naushad, of rape charges under Section 376 of the Indian Penal Code (IPC). The trial court had convicted Naushad, sentencing him to life imprisonment after finding that he had raped Shabana, the prosecutrix, under the pretext of marrying her. The prosecution's case was based on the testimony of Shabana and her father, who alleged that Naushad had repeatedly raped Shabana, leading to her pregnancy. The trial court concluded that Shabana's consent was obtained through a misconception of fact, as Naushad had promised to marry her but had no intention of doing so. The High Court, however, reversed this conviction, stating that the prosecution failed to prove that the sexual intercourse was non-consensual. The Supreme Court found that the High Court erred in its assessment, emphasizing that consent obtained under a false promise is not valid. The court reiterated that the accused had exploited the victim's trust and relationship, leading to her pregnancy. The Supreme Court upheld the trial court's conviction and sentence, stating that the accused's actions constituted a grave breach of trust and a clear case of rape. The court directed the accused to surrender before the trial court within four weeks.
Headnote
A) Criminal Law - Rape - Definition and Consent - Consent obtained under misconception - Indian Penal Code, 1860, Sections 375, 376 - The court held that the accused obtained consent from the prosecutrix under a false promise of marriage, which vitiated the consent as per Section 90 of IPC. The trial court's conviction was upheld as the prosecution proved the case beyond reasonable doubt, contrary to the High Court's findings. Held that the accused was guilty of rape (Paras 10-14).
Issue of Consideration
Whether the High Court rightly reversed the conviction and sentence of the accused for the offence of rape punishable under Section 376 of the IPC.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, upheld the trial court's conviction and sentence of life imprisonment for the accused under Section 376 of the IPC, and directed the accused to surrender before the trial court within four weeks.
Law Points
- rape
- consent
- misconception of fact
- IPC Section 375
- IPC Section 376
- false promise to marry
