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
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
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
Law Points
- Consent in sexual relationships
- Misconception of fact under Section 375 IPC
- Distinction between false promise and breach of promise
- Standard for discharge under Section 227 CrPC
- Prima facie evidence requirement for framing charges
