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The Supreme Court has said that a rape case cannot be quashed on the basis of a settlement arrived at between a man and woman if the victim maintained she never consented to physical relations and that she was forced to sign the pact under threat and coercion setting aside the Gujarat HC order.
The girl 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 on this approached the HC and contended that it was a consensual sex and a written agreement was entered between them in this regard. Taking note of this bench of Justices U U Lalit, Indu Malhotra and R Subhash Reddy set aside the Gujarat High Court's order that had quashed a rape case lodged against the managing director of an Ahmedabad-based firm on a complaint lodged by her personal assistant. Also the accused contended that FIR lodged against him was false and was an attempt at malicious prosecution.
The victim then approached the Apex Court alleging that the settlement document which was relied on by Gujarat High Court is obtained under threat and coercion. On this the court of highest order observed that :
From a perusal of the order of the High Court, it is evident that the High Court has got carried away by the agreement/settlement arrived at, between the parties, and recorded a finding that the physical relationship of the appellant with the 2nd respondent was consensual. The Apex court ordered that it is a matter to be investigated as the allegation of the appellant is that that such document itself was obtained under threat or coercion.
After hearing the parties, the court said, in view of serious allegations, the High Court committed error in quashing the proceedings and on refereeing to Referring to Section 114-A of the Indian Evidence Act, the bench observed that in a case where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman, and such woman states that she did not consent, the court shall presume that she did not consent.
After hearing both the parties and recording the statements, the Apex court ordered the matter needs to be investigated and the quashed the judgment given by Gujarat High Court.
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