Court Finds No Foundational Ingredients for Alleged Offences in Consensual Relationship
In a significant ruling, the Calcutta High Court has quashed the proceedings against Anirban Mukherjee, who was accused of rape, cheating, and forced abortion by a woman with whom he was in a long-term romantic relationship. The judgment, delivered by Justice Chaitali Chatterjee Das, underscored the absence of foundational elements such as misconception of facts or fraudulent intent at the inception of the relationship, which are necessary to construe the alleged offences under the Indian Penal Code.
The case originated from a complaint filed by the woman in 2022, alleging that Mukherjee had sexually assaulted her and deceived her with a false promise of marriage. She claimed that their romantic relationship, which began in 2017, involved coercion to consume alcohol leading to sexual intercourse, and later, a forced abortion under the pretext of marriage. However, the court found that the relationship was consensual and continued over several years without any immediate complaint or protest from the complainant.
The High Court noted that the woman, an educated adult, voluntarily engaged in the relationship and maintained it despite the alleged incidents. Justice Das remarked that the continuation of such a relationship over a significant period without protest casts doubt on the allegations of rape and cheating.
The court further highlighted that the allegations of forced abortion were not substantiated by the evidence, which included the complainant's consent for the medical termination of pregnancy. The judgment drew on precedents, including the landmark cases of "State of Haryana v. Bhajanlal" and "Pramod Suryabhan Pawar v. State of Maharashtra," emphasizing the need for clear evidence of fraudulent intent or misconception of facts to sustain charges of rape or cheating in such cases.
The court's decision to quash the proceedings was based on the inherent powers under Section 482 of the Criminal Procedure Code, which allows the court to prevent abuse of the process of law and secure the ends of justice. The judgment concluded that allowing the prosecution to continue would amount to an abuse of legal process, as the allegations did not constitute the offences charged.
The ruling has sparked discussions on the complexities of legal interpretations in cases involving romantic relationships, particularly concerning the elements of consent and promises of marriage.
Bottom Line:
Relationship between consenting adults that turns acrimonious later cannot be construed as rape or other criminal offences in the absence of foundational ingredients like misconception of facts or fraudulent intention at inception.
Statutory provision(s):
Indian Penal Code Sections 376, 417, 313, 506; Criminal Procedure Code Section 482, Section 164
Anirban Mukherjee v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2853911
