Kolkata, February 8 The Calcutta High Court has dismissed an appeal by a man convicted for rape based on a false promise of marriage, stating that such an agreement cannot be considered valid consent, and he must face the consequences of his actions.
The accused was convicted and sentenced to seven years of rigorous imprisonment for rape under Section 376 of the Indian Penal Code by the Kandi sessions court in Murshidabad district in 2014, based on a complaint filed on January 1, 2006, alleging that he had cohabited with the woman under a false promise of marriage.
The court observed, "The accused's intention from the beginning was not genuine, and the woman willingly succumbed to the accused's lust, being completely misled by the promise of marriage if he had a child."
An FIR was registered with the Burwan police station after the accused, who was already married to another woman, refused to marry the complainant when she and her family approached him seeking marriage, as she was pregnant with his child.
Justice Chaitali Chatterjee (Das) recently dismissed the man's appeal, stating that there was no merit to it.
"This kind of consent obtained by the accused with a clear intention not to fulfill the promise, and persuading the girl to believe that he would marry her, and obtaining her consent for sexual intercourse under a complete misunderstanding, cannot be considered valid consent," the court said.
"The appellant must face the consequences of his misdeed for this egregious offence committed with the woman with a mala fide intention from the beginning," Justice Chatterjee (Das) observed.
The lawyer for the convict pleaded for his acquittal, arguing that the complainant, who was between 20 and 21 years old, was an adult, and since she voluntarily entered into a sexual relationship with him, it cannot be considered rape.
He also argued that the complainant was aware of the appellant's marital status during their relationship.
The prosecution lawyer opposed this plea for acquittal, arguing that the appellant never had any intention of marrying the victim and only gave her a false promise of marriage to satisfy his lust.
