Kolkata, Feb 8 The Calcutta High Court has dismissed an appeal by a man convicted for rape on false promise of marriage, holding that it as such cannot be treated as consent and he must face the consequences of his misdeed.
The accused was convicted and sentenced to seven years' rigorous imprisonment for rape under Section 376 of the Indian Penal Code in 2014 by Kandi sessions court in Murshidabad district on a complaint filed on January 1, 2006, that he cohabited with the woman on the false promise of marriage.
The court observed, "The intention of the accused right from the beginning was not bona fide, and the poor girl submitted to the lust of the accused, completely being misled by the accused who made the promise of marriage if she gave him a child."
An FIR was registered with Burwan police station after the accused, already married to another woman, refused to marry the complainant when she and her family had approached him for marriage as she was pregnant with his child.
Justice Chaitali Chatterjee (Das), in a recent judgment, dismissed the man's appeal, holding that there is no merit in it
"This kind of consent taken by the accused with clear intention not to fulfil the promise and persuading the girl to believe that he is going to marry her and obtained her consent for the sexual intercourse under total misconception and hence cannot be treated to be a consent," the court said.
"The appellant must face the consequences of his misdeed for the egregious offence committed with the lady with a mala fide intention from the beginning," Justice Chatterjee (Das) observed.
The lawyer for the convict prayed for his acquittal on the ground that the complainant, aged 20 to 21 years, was an adult, and since she voluntarily entered into a sexual relationship with him, it cannot be treated as rape.
He also submitted that the complainant was aware about the marital status of the appellant during their relationship.
The prosecution lawyer opposed the prayer for acquittal, contending that the appellant from the very beginning was never interested in marrying the victim and he only gave her a false promise of marriage to fulfil his lust.
Rafi @ Rafiuddin Mia & Mian v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2844931
