The Punjab High Court, in ABC v/s State of Haryana (CRA-AD-140-2022 (O&M), on 25th January, 2023, held that allegations of rape on pretext of marriage cannot be held when the woman had consented to sexual relationship with the man with the knowledge that he is already married. The judgement was presided by Honourable Mr. Justice Sureshwar Thakur and Honourable Mr. Justice Kuldeep Tiwari.
FACTS OF THE CASE:
The petitioner alleged that the respondent had multiple forcible sexual intercourses, beginning from 2012 onwards, and an abortion in the year 2016. It was alleged that the first intercourse was forcible in nature and was under the influence of intoxicants. Subsequently, the respondent, under the pretext of marriage continued the sexual activities.
The respondent in the year 2017 was married to another individual which the petitioner was not aware about. On this knowledge of marriage, the respondent told her that he wants to get a divorce from his wife and continued making physical relations under the pretext of marriage.
JUDGEMENT:
The trial court had dismissed the case on finding contradiction in the petitioner’s statements. The court held that the petitioner had exercised her choice between resistance and consent and continued having sexual relations with the man even after his marriage.
The High Court upheld the contradictory statements made by the petitioner. Under Section 164 CrPC, the petitioner had only stated that she had developed physical relations with the respondent as he had promised marriage and admitted of a love affair. There was no allegation of commission of rape under deceitful intoxication. Further, the petitioner herself admitted of establishing physical relationship with the respondent despite the knowledge of his marriage. The court also held that there was no evidence, oral or documentary, to back the story of abortion on intoxication alleged the petitioner. The Court held that statement of the petitioner was replete with infirmities thereby, unworthy of acceptance.
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JUDGEMENT REVIEWED BY ARYA THAKUR.
