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The division bench comprising of Justice L. Nageshwara Rao and Justice MR Shah, while hearing the criminal appeal in the case of Anurag Soni Vs. The state of Chhattisgarh, after duly considering the Section 90 of Indian Penal Code (IPC) and the precedents reaffirmed its stand that the sex after obtaining the consent from a prosecutrix by giving her false hope to marry amounts to rape.
The bench stated that if it is proved that from very inception the accused with the malafide intentions promises to marry the prosecutrix and the prosecutrix believing in good faith gives her consent to sexual intercourse and later on she comes to know that she was deceived then the such an offender is said to commit rape within Section 375 of IPC and can be convicted under Section 376 of IPC.
The facts stated in the petition were that the prosecutrix and the accused were the medical science students and they were in the love affair. The accused induced the prosecutrix into sexual intercourse by causing her to believe that he would marry her. Moreover, he also told her that he would talk to his parents and will soon get married to her. The prosecutrix repeatedly asked him about the marriage and when she did not receive his reply, she informed about the whole incident to her parents. After this the talks between the families of the accused and prosecutrix take place, meanwhile, the accused was married to another woman.
On filing a petition in sessions court the accused was proved guilty and was punished with rigorous imprisonment of 10 years. On the appeal by accused to the HC, the appeal was dismissed.
Based on the shreds of evidence the bench took the note of various aspects. The accused appealed on the basis that the prosecutrix and the family members were aware of the fact that his marriage was already fixed with some other girl and then also they continued to pressurize his to marry the prosecutrix. However, this allegation was not proved by the accused.
The intention of the accused was to deceive the prosecutrix was proved. While upholding the conviction of the accused the bench was of the opinion that there was relevant evidence to prove the malafide motives of the accused to deceive the prosecutrix and thus it was a clear case of deception and cheating.
The bench also stated that merely both the accused and prosecutrix are married to other persons, cannot be the ground to acquit the accused from the charges of rape. While upholding the conviction the bench reduced the rigorous imprisonment from 10 years to 7 years.
Wherefore, in Indian marriage is the most pious institution, which not only binds two persons but also two families. Marriage must not be measured in terms of physical relationship it is far above all this. The mockery of marriage is not at all acceptable in Indian society.
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