Case Note & Summary
The case involved an appeal by the accused convicted under Section 376 IPC for rape. The prosecutrix, employed at a Khadi Centre, alleged that on 17.9.1997, the accused, a friend of her brother, forcibly took her and committed rape. Following the incident, she became pregnant and later lodged a complaint in July 1998, leading to the accused's conviction. The trial court found the accused guilty based on the prosecutrix's testimony, despite her later consensual encounters with him. The High Court upheld the conviction, but the Supreme Court found significant doubts regarding the prosecutrix's consent and the circumstances surrounding the case. The court noted the absence of independent witnesses, the delay in filing the FIR, and the lack of corroborative evidence, which raised questions about the credibility of the prosecutrix's claims. The court referenced previous judgments to highlight that consent obtained under false pretenses does not negate the offense of rape. Ultimately, the Supreme Court acquitted the accused, stating that the trial court and High Court erred in their judgments, and the appeal was allowed, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Definition of Rape - Consent and Misrepresentation - Section 375 IPC - The court examined whether the consent given by the prosecutrix was valid or obtained under misconception due to the accused's promise to marry her. It was held that mere promise to marry does not constitute a misconception of fact that negates consent, and the circumstances raised doubts about the prosecutrix's version (Paras 12-20).
Issue of Consideration
Whether the accused committed rape under Section 376 IPC and whether the conviction was justified.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction and sentence imposed on the appellant, and acquitted him.
Law Points
- Definition of rape
- Consent
- Misrepresentation
- Delay in lodging FIR
- Testimony of prosecutrix
