Calcutta High Court Confirms Rape Conviction: Fraudulent Marriage Promise Invalidates Consent
The Calcutta High Court has delivered a significant judgment by upholding the conviction of a man accused of raping a teenager, firmly establishing that consent obtained through a fraudulent promise of marriage from the very beginning constitutes a misconception of fact under Indian law. This ruling came while the court was hearing the convict's plea against his earlier conviction order, with Justice Chaitali Chatterjee Das presiding over the case.
Court's Observations on Deception and Consent
Justice Chaitali Chatterjee Das stated unequivocally, "It is a clear case of deception from the beginning as the petitioner, being a married person only to satisfy his lust, assured the survivor, who was a 19 or 20-year-old illiterate and rustic village girl, made false promises to marry her if she could give him a child, and she believed the person." The court emphasized that consent is not valid when given under a misconception of fact known to the accused.
The order elaborated that this type of consent cannot be considered genuine because the survivor, from the inception, was under the mistaken belief that the accused intended to marry her. Consequently, she submitted to sexual intercourse based on this false assurance. The court noted that the survivor's consent was solely based on the promise of marriage, and the petitioner's behavior was deceptive from the start, rendering the consent invalid.
Key Findings from the Case
The court's findings revealed several critical aspects:
- There was a consensual sexual relationship between the survivor and the petitioner, but it was predicated on his assurance to marry her, which he refused when she became pregnant.
- The survivor voluntarily went to the petitioner's house when called, but this was under the misconception that he would fulfill his marriage promise.
- The petitioner lured the survivor by giving her a wristwatch and promising money, further enticing her towards him.
- They cohabited for four days when the petitioner's wife was absent, and after she conceived, he refused to marry her.
- Medical injury was not deemed essential in this case since the examination occurred a month later, after the victim had already delivered a child.
The court concluded that the accused's intention was not bona fide from the beginning, and the survivor submitted to his lust, completely misled by the false promise of marriage if she gave him a child. This consent was obtained with a clear intention not to fulfill the promise, making it a case of fraud.
Background and Legal Proceedings
The legal proceedings began with a complaint lodged on January 1, 2006, by the survivor's mother. She alleged that the petitioner cohabited with her daughter with a promise to marry her without their knowledge, resulting in pregnancy five to six months later. After discovering the situation, the family requested the petitioner to marry her, but he refused, leading to the complaint.
The case was registered under Section 376 of the Indian Penal Code (punishment for rape). Following the investigation, a charge-sheet was submitted against the petitioner. The trial court, after considering the evidence and arguments, convicted the petitioner and sentenced him to seven years of imprisonment. The petitioner then filed a plea against this conviction order, which the Calcutta High Court has now dismissed, upholding the original judgment.
This ruling reinforces the legal principle that consent based on fraudulent promises is not valid, providing crucial protection for vulnerable individuals in similar situations.
