Rape charges inadmissible post consented marriage: SC
Title: AJEET SINGH V STATE OF UP
Citation: CRIMINAL APPEAL NO. 32 OF 2024 (Arising out of Special Leave Petition (Crl.) no.147 of 2017)
Dated on: 3.1.2024
Corum: HON’BLE JUSTICE ABHAY S. OKA, J.
Facts of the case
In the instant case of Ajeet Singh v state of UP the appellant Mr. Singh was accused of rape promise to false marriage to the victim (daughter of the respondent 3). The case revolves around the FIR filed following the complaint registered by the respondent accusing the appellant of sexually assaulting and criminally intimidating his daughter (the victim).
According to the complaint the victim was a 25-year-old female studying in Lucknow where she met Mr. Singh, the two adults were involved in a romantic relationship and subsequently promised the victim of marriage. Later when the victim’s family approached Mr. Singh with a proposal to marry their daughter Mr. Singh declined. In the due course the appellant fraudulently obtained a fake marriage certificate from the Arya Samaj mandir and maintained a physical relationship with the respondent’s daughter following which he left her stranded in Lucknow and left to his residence in Sitapur after exploiting her.
Legal provision
In the present case the appellant was charged with section 376 and 506 of the Indian penal code for the offence of rape and criminal intimidation respectively. As in the present instance the appellant had a physical relation with the victim and promised her of marriage with mala fied intention, additionally Mr. Singh also had allegations against him for abusing and threating her.
Court analysis and judgement
In the present case the Hon’ble supreme court after meticulously examined the evidence came to the conclusion that the solemnization of marriage by the parties amounted to the victim’s addition of consensual relation and further weekend the ground of charges of rape and false promise of marriage. Subsequently the court set aside the orders given by the HC of Allahabad and quashed the FIR charges against Mr. Ajeet Singh and allowed the appeal filed by him.
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Written by- Namitha Ramesh