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The police officer was married and also had kids. Despite that, he allegedly promised the victim that he would marry her after divorcing his wife
The Allahabad High Court recently refused to quash a case against a police officer for raping a woman on false promise of marriage. Court said that police officers are duty-bound to protect the victims but in the case at hand, he misused his position and exploited the victim.
The bench of Justice Anish Kumar Gupta observed that prima facie a case was made out against the police officer that initially, he forced physical relations with the victim without her consent and continued doing so under the garb of promise to marry her by divorcing his previous wife, which he knew was nothing but a false promise and he had no intention to marry the victim.
While clarifying that all the allegations made will be subject to evidence during the trial in the instant case, the court refused to interfere with the charge-sheet or with the order taking cognizance against the accused police officer.
The case, in brief, was that initially, the woman, who was a divorcee, filed a case against a man for fraud and rape. The accused police officer was made the Investigation Officer (IO) in that case. During the investigation of the said case, the woman alleged, that one day the police officer took her to a lonely place and gave her a contaminated cold drink, and then raped her in his vehicle. Subsequently, he said sorry about the same and asked her to continue the relationship on the promise that he would marry her.
The police officer was married and also had kids from his marriage.
The woman filed a complaint with the police officer's seniors, however, the accused pressured her to withdraw it. Also, a case under the SC/ST Act was filed against the victim by the accused police officer's mother after an altercation took place between the victim and the police officer's family.
In the meanwhile, the victim got pregnant. She alleged that the police officer also made her undergo an abortion. Later, when she lodged an FIR against the officer, he made her withdraw her statement given under Section 164 CrPC against him by threatening and persuading her. He took her to a flat and lived with her as husband-wife for a short while.
Thereafter again, the woman initiated criminal proceedings against the officer when he denied fulfilling his promise and beat her.
Seeking direction to quash the entire proceedings in the case against him, the police officer alleged before the high court that the relationship between him and the alleged victim was consensual. His counsel argued that the alleged victim was a working woman who was well aware of the police officer's marriage and kids, however, she continued the relations, therefore, no offence of rape is made out against the accused police officer.
The single judge bench noted that from the statements of the victim under Section 164 CrPC, there was prima facie an act of force without consent by the accused upon her and from the allegations leveled, it was crystal clear that the accused knew that he was making a false promise of marriage.
Therefore, stating that a prima facie case had been found against the accused police officer and there was no good ground to quash the case, court dismissed the application moved by the police officer.
Case Title: Anshul Kumar v. State Of U.P.And Another
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