In a recent legal development, the Supreme Court emphasized that in cases involving the offense of rape based on a false promise of marriage, it is crucial to establish that the woman’s consent was obtained through deception from the very beginning. The bench, comprising Justices Abhay S Oka and Pankaj Mithal, underscored the significance of proving that the consent was a result of a false promise to marry, citing the judgment in Anurag Soni v State of Chhattisgarh (2019) 13 SCC 1.
The case in question revolved around an appeal filed by a man challenging the Bombay High Court’s decision not to quash a rape case filed against him. According to the prosecution, the man and the woman maintained a physical relationship for four years (2013-2017) with the understanding that they would eventually marry. However, in 2018, the woman discovered pictures of the man’s engagement with another woman, leading her to file an FIR, alleging that her consent was based on a false promise of marriage. The man, in defense, claimed to have married the woman in 2017 and presented a ‘nikahnama’ as evidence.
Upon examining the evidence, the Supreme Court noted that the woman was over 18 years old when she consented to the relationship and did not object to it for the entire four-year period. The court found it implausible that the woman allowed the physical relationship to continue based on a false promise to marry.
Referring to the ‘Nikahnama,’ the court acknowledged the admission of engagement by the woman and deemed it unconvincing that she maintained the relationship solely due to a promise of marriage. Relying on this observation, the court concluded that the case of a false promise to marry was not established from the inception, as the man had provided sufficient proof of marriage through the submitted ‘Nikahnama.’
Consequently, the court deemed the continuation of the prosecution a gross abuse of the legal process, asserting that no purpose would be served by pursuing charges against the man. The case was identified as SHEIKH ARIF VERSUS THE STATE OF MAHARASHTRA & ANR.
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