Madhya Pradesh HC quashes rape case against man
says more than a year is sufficient for a woman to realise if marriage promise is false
Gwalior, Jul 19: The Gwalior bench of Madhya Pradesh High Court has quashed criminal proceedings against a man who was accused of raping a woman on the pretext of marriage, observing that more than a year’s time is sufficient for a prudent woman to figure out a false promise.
Justice Deepak Kumar Agrawal made the observation on July 13 while hearing a petition of a man, seeking to quash a rape case registered against him at Seondha in Datia district.
“Near about more than one year’s time is sufficient time for a prudent woman to realise as to whether the promise of marriage made by the petitioner is false from its very inception or there is a possibility of breach of promise,” the order stated.
The order said that the prosecutrix (woman) was in a relationship with the petitioner over a significant period of time and therefore her consent could not have been obtained by misrepresentation.
“The complainant prosecutrix is a mature lady having three children and she knew the petitioner for the last more than one year. She made physical relations with the petitioner on her own consent and free will,” the order said.
As per the order, the woman had stated that she was in a relationship with the petitioner since 2020. If any woman continues to remain in a physical relationship for a long period during which she was free to visit every place, then it cannot be said that her consent was obtained by misconception of fact.
The court said that the woman herself went to the house of the accused (petitioner in this case) in Seondha. Thus, it cannot be said that her consent was obtained by "misconception of facts"..
"Only a false promise to marry made with an intention to deceive a woman would vitiate the woman’s consent being obtained under the misconception of fact, but a mere breach of promise cannot be said to be a false promise," the order stated.
As per her complaint filed in July 2021, the woman said that she was in contact with the petitioner in 2017.
In 2020, the petitioner proposed to marry her following which she came to Seondha on June 29, 2020, and stayed there in a house where the petitioner had a physical relationship with her on the pretext of marrying her, she alleged.
Whenever the woman told the petitioner to solemnize the marriage, the petitioner would ignore her, she said.
The woman said that in July 2021, she again came back to Seondha where the petitioner assaulted her. On her complaint, a first information report (FIR) was registered against the petitioner for rape and criminal intimidation.
The FIR and criminal proceedings in the form of chargesheet are quashed against the petitioner, the order said.
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Modi says 'don't go abroad,' but flies off on trips himself: Mann's jibe at PM
Chandigarh (PTI): Punjab Chief Minister Bhagwant Mann on Saturday slammed Prime Minister Narendra Modi for his appeal to people to postpone foreign travels when he himself did not stop going abroad.
Modi on Sunday in his address to the nation called for judicious use of fuel, postponing gold purchases and foreign travel due to the West Asia crisis. He urged the people to use the metro, carpooling, increased use of electric vehicles and working from home to conserve foreign exchange.
Speaking to reporters here, Mann said, "First, the prime minister should stop his foreign visits. Where is he now? He has gone to the Netherlands. He will visit 3-4 more countries. He has asked people to avoid but he still went (on foreign visits). You are shutting down everything... do not buy gold, do not undertake foreign visits, work from home."
He asked, "Why doesn't the PM work from home?"
The Punjab chief minister also took on the BJP-led Centre for increasing prices of petrol and diesel.
"We were to become 'vishwaguru' but we have become 'vishwachele'. The war is happening somewhere else but restrictions are being imposed here. Why has no other country implemented it (restrictions)?" he asked.
Mann said people across the country are struggling with inflation, rising transport costs and increasing household expenditure, but instead of providing relief, the Centre is asking citizens to reduce personal spending.
"Thankfully, the PM only advised people to save money and didn't ask them to beat 'thalis' and clap again," he said in a dig.
The Aam Aadmi Party leader asserted that instead of symbolic gestures and lectures, people expect practical steps to control inflation and reduce the financial burden on households, farmers and small businesses.
Petrol and diesel prices were hiked by Rs 3 per litre each on Friday, the first rate increase in more than four years, amid mounting losses to fuel retailers due to surging global crude prices.
Modi has reduced the size of his convoy, prompting several BJP chief ministers and other leaders to adopt similar measures.
The prime minister is on a six-day tour of the United Arab Emirates (UAE), the Netherlands, Sweden, Norway and Italy to discuss bilateral ties.
Meanwhile, on the Bhakra water-sharing issue, Mann asserted that Punjab will preserve its water rights at every cost. He said Haryana would receive water strictly according to its legally scheduled quota and not before the stipulated timeline.
"Punjab will not compromise on its water rights under any pressure," he said. The chief minister said water is an emotional, economic and agricultural lifeline for Punjab and his government is fully committed to protecting every drop.
Punjab has no spare water to share with any other state, he said.
To a question on the upcoming local body polls, Mann said his party will be victorious.
Mann praised his government's work on the job and infrastructure front, and attacked Shiromani Akali Dal, claiming that the party steadily lost both public support and credibility due to years of political decline and disconnect from people's aspirations.
Akalis no longer command the trust they once enjoyed among Punjabis, he said.
