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While quashing the case, court has directed the accused-appellant to pay Rs five lakh to the woman without prejudice to her right to claim maintenance to her and the child born out of their relationship since he accepted she was his legally wedded wife and the daughter born to her was his child
The Supreme Court on January 30, 2024 has said a case of rape would be made out only if consent of the victim for a physical relationship is obtained under misconceptions or false promise of marriage.
A bench of Justices Abhay S Oka and Pankaj Mithal accordingly quashed criminal proceedings initiated by Nagpur police on a complaint filed in 2018 by a 24-year-old woman from the SC/ST category against appellant Sheikh Arif for maintaining physical relations with her on promise of marriage and becoming the father of a girl.
The court, however, directed the appellant to pay Rs five lakh to the woman without prejudice to her right to claim maintenance for her and the child as she was his legally wedded wife and the daughter born to her was his child. It also directed Rs 10 lakh already deposited by the appellant with the High Court should be invested in a fixed deposit till the child attained majority.
In the facts of the case, the court said it is impossible to accept that the woman allowed the physical relationship to be maintained with her from 2013 to 2017 on the basis of a false promise to marry.
"Though she claimed that it was a forced relationship, she did not make any grievance about it till February 2018," it noted.
The complaint was filed after the woman allegedly learnt that the appellant had on February 22, 2018 married another woman.
Accused-appellant contended the long relationship was always consensual and in fact he had married the woman on January 20, 2017. He said his prosecution was an abuse of process of law.
"It is not the case that from February 2013 to December 2017, the appellant forced the second respondent to maintain the physical relationship. In 2013, the relationship resulted in pregnancy. Still, it continued till 2017. In fact, according to the woman, in July 2017, there was an engagement ceremony," the court said.
Referring to its judgement in 'Anurag Soni Vs State of Chhattisgarh', the bench said if the consent of the victim is based on misconception, such consent is immaterial as it is not a voluntary consent. If it is established that from the inception, the consent by the victim is a result of a false promise to marry, there will be no consent, and in such a case, the offence of rape will be made out, the court added.
"Taking the prosecution case as correct, it is not possible to accept that the woman maintained a physical relationship only because the appellant had given a promise of marriage. Thus, in our view, the continuation of the prosecution in the present case will be a gross abuse of the process of law. Therefore, no purpose will be served by continuing the prosecution," the bench said.
The court also noted the doctor who treated the woman during pregnancy has recorded a statement that the victim had told her the appellant was her husband. The bench said though the appellant could not produce 'Nikahnama', the police has recorded statement of one Burhanuddin, who confirmed performance of 'Nikah' between the appellant and the woman.
Case Title: Sheikh Arif vs. The State of Maharashtra & Anr
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