2019 AIR (SC) 327
Crl. Appeal (Criminal) No.6532 of 2018
DR. DHRUVARAM MURLIDHAR SONAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Lately, there have been many cases coming up, where a bad relationship has resulted in rape cases being filed. Not all cases are false, but not all cases are genuine also. There is very thin line dividing these cases from each other. We can never be sure, however, our courts from time to time have been doing this job and helping the people in need.
In a landmark decision, Hon’ble Supreme Court of India has clearly made a distinction between rape and consensual sex. HMJ S. Abdul Nazeer speaking for the bench also carved out a distinction between mere breach of promise and not fulfilling a false promise.
In the instant case, the complainant was working as an Assistant Nurse at the same establishment where the accused was serving as a medical officer. It was the case of the complainant that her husband had expired in November 1997. It was during this time, allegedly, the complainant came in contact with the accused who presented that he was having differences with his wife and was planning to seek divorce from her. Both the complainant and accused started residing together as husband and wife; sometimes at the house of the complainant and sometimes in the house of the accused. It was further alleged by the complainant that the accused had maintained physical relationship with her, but failed to marry her as promised. However, when the complainant received information about the fact that the accused has married some other woman in the year 2000, a criminal case was registered at the behest of the complainant alleging rape and cheating.
The accused in the instant case had filed a quashing petition before the Hon’ble High Court seeking quashing of the FIR and the charge sheet. However, the said petition filed on behalf of the accused was dismissed by the Hon’ble High Court, the order was thus challenged before the Hon’ble Supreme Court of India.
Hon’ble Supreme Court of India, while dealing with the said issue referred to well settled provisions of law laid in ‘State of Haryana and Others Vs. Bhajan Lal’ and others [1992 Supp. (1) SCC 335]; ‘Rajesh Bajaj Vs State NCT of Delhi and Others’ [1999 (3) SCC 259]; ‘Vineet Kumar and others Vs. State of Uttar Pradesh and another’ [2017 (13) SCC 369]; ‘Uday Vs. State of Karnataka’ [ 2003 (4) SCC 46]; ‘Dileep Singh @ Dilip Kumar Vs. State of Bihar’ [2005 (1) SCC 88] ‘Deepak Gulat Vs. State of Haryana’ [2013 (7) SCC 675] and ‘Shivshankar @ Shiva Vs. State of Karnataka and another’ [Criminal Appeal Number 504 of 2018, disposed of on 6th April, 2018].
Hon’ble Supreme Court of India in the said case opined:
“20. Thus, there is a clear distinction between rape and consensual sex. The Court, in such cases, must very carefully examine whether the complainant had actually wanted to bury the victim or had mala fide motives and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception. There is also a distinction between mere breach of promise and not fulfilling a false promise. If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. There may be a case with the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by the accused, or where an accused, on account of circumstances which he would not have foreseen of which were beyond his control, was unable to marry her despite having every intention to do. Such cases must be treated differently. If the accused had any mala fide intention and if he had clandestine motives, it is clear case of rape. The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 of the IPC.”
This judgement shall (at least, for the time being) be treated as a guiding beacon for lawyers and litigants who are either dealing with such issues or embroiled in them.
I.P.S. Kohli
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