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Hon’ble Justice Uday Umesh Lalit, Hon'ble Justice Indu Malhotra and Hon'blr Justice R. Subhash Reddy of Supreme Court in the recent Judgement of Miss XYZ v. State of Gujarat and Anr, has set aside the order of High Court which has quashed a rape case by recording “Settlement” agreement between the accused and the victim.
The Victim had lodged an FIR alleging that her manager raped her by threatening to publish her nude picture he had with him. FIR was registered under Sections 376, 499 and 506(2) of IPC. The accused contented before the High Court that a written agreement was entered between them in this regard. Referring to this High Court quashed the FIR and observed that the allegation and facts as mentioned in the FIR, appears to be improbable and the same is malicious prosecution.
The victim then approached the Supreme Court and alleged that the “settlement document” which was relied upon by the High Court is obtained under threat & coercion. The judges observed that:
“It is evident from the finding of High Court that they got carried away by the settlement agreement arrived between the parties and observe that they are having a consensual physical relationship between them from several years which is enough to quash the case. When it is the allegation of the appellant, that such document itself is obtained under threat and coercion, it is a matter of investigation.”
Court further referred to Section 114-A of the Indian Evidence Act, 1872 and observed that
“A reading of the aforesaid Section makes it clear that, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped, and such woman states in her evidence before the Court that she did not consent, the court shall presume that she did not consent.”
Court set aside the order of the High Court subsequently allowed the petition and ordered the respondent/accused to co-operate in the investigation.
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