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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PM leads mega roadshow in Sikkim, to attend celebrations marking 50 years of statehood on Tuesday
Gangtok (PTI): Prime Minister Narendra Modi led a mega roadshow in Gangtok on Monday evening after arriving in Sikkim to attend the closing ceremony of 50 years of statehood celebrations.
Modi, who wore a traditional Bhutia cap and a Lepcha coat, was received at the Libing helipad by Governor Om Prakash Mathur and Chief Minister Prem Singh Tamang.
From the helipad, the PM began the roadshow, which concluded at Lok Bhavan, where he will stay overnight.
On the open vehicle, Modi was flanked by CM Tamang on his left and state BJP president D R Thapa on his right.
Large crowds lined the roads for hours, waving national flags and waiting to catch a glimpse of the Prime Minister.
As his convoy moved slowly through the city, people broke into celebrations. Some enthusiastic supporters chanted "Modi, Modi, Modi", while a few women were seen showering flower petals in his direction.
Modi acknowledged the cheering crowds by waving continuously.
Tamang was also seen urging the gathered people to cheer for the PM during the roadshow.
The route of the roadshow was decorated, with arch gates erected at several points and large cut-outs of Modi placed along the roads.
On Tuesday, Modi will visit the Orchidarium in Gangtok. To commemorate the golden jubilee of Sikkim's statehood and showcase the state's ecological and floral heritage, the 'Swarnajayanti Maitri Manjari' Park has been developed as a world-class Orchid Experience Centre.
The PM will also participate in the closing ceremony of Sikkim's 50th statehood celebrations at Paljor Stadium, where he will unveil development projects worth over Rs 4,000 crore.
The projects cover several sectors, including infrastructure, connectivity, healthcare, education, power, urban development, environment, tourism and agriculture.
Modi is also scheduled to address the gathering on the occasion.
He was expected to attend the opening ceremony of the year-long celebrations last year, but could not reach the venue due to inclement weather. However, he addressed the event virtually from Siliguri in neighbouring West Bengal.
Tamang later thanked the people for giving the grand reception to the PM during the hour-long roadshow in the state capital.
"With immense fervour and heartfelt enthusiasm, the people of Sikkim accorded a grand and resounding welcome to Hon’ble Prime Minister Shri Narendra Modi ji on his arrival in Gangtok," he said in a social media post.
Tamang said people from all walks of life gathered in large numbers to greet him, reflecting the deep respect and warm affection the people of Sikkim hold for his leadership.
"It was indeed an honour to join him during the roadshow and witness the overwhelming love and support of the people firsthand," he said.
