Rape -- Physical Relationship Under Pretext of Marriage -- Three-year consensual relationship cannot be held not coerced consent -- Acquittal
(i) Indian Penal Code, 1860, S.90, S.375 -- Rape -- Physical Relationship Under Pretext of Marriage -- Consensual relationship of three years’ duration, in which the complainant permitted physical relationship knowing the consequences, cannot be said to rest on coerced consent or misrepresentation -- Criminal prosecution cannot be founded on an afterthought allegation of pretext of marriage raised after the relationship ends. (ii) Indian Penal Code, 1860, S.90 -- Misconception of Fact -- Promise to Marry Not Fulfilled -- Liability can be fastened only where the accused, from the very inception, never intended to keep the promise of marriage -- Failure to keep a promise relating to an uncertain future date does not always amount to misconception of fact -- Consent under fear or misconception cannot be loosely inferred where parties admittedly engaged in a consensual relationship. (iii) Indian Penal Code, 1860, S.90 -- Consent -- Undertaking to Marry Before Counselling Centre -- Undertaking to marry given before a counselling centre, on the threat of criminal prosecution, is unenforceable and cannot be treated as a promise to marry -- Where courtship and physical relationship had already continued for years by then, such undertaking does not alter the character of consent already given.
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