Ugly side of Online Matrimony: Delhi Court acquits man falsely accused of rape by girl he met on Jeevansathi

Posted: November 16, 2015 in Uncategorized

A Delhi court has acquitted a man accused of rape by a woman he met on matrimony website Jeevansathi.com after finding that the physical relationship between them were consensual and not forced.

The woman,  a 35 year old and well educated person, claimed that the man raped her on pretext of marriage when they stayed together at a hotel for two days post their interactions on the matrimonial website. She also claimed that the accused called her to Delhi saying that he would make his parents meet her. But his parents did not come to the hotel and then he forced her to stay in the hotel for two days and established physical relations without her consent.

During the course of trial the court observed that the woman was well aware that the man was not a resident of Delhi but Moradabad and hence it would be difficult to believe that she would have come to Delhi to meet his parents. It was also found that the woman did not inform her parents also of this alleged meeting. In fact she had lied to her parents that she was going for an office trip and the accommodation was arranged by the office, thus making it obvious that she had planned to stay with the accused for the said two days with her consent. The court found claims of the woman self contradictory as she claimed rape and rape on promise of marriage in two differing statements.

The judgments ponders over allegations of rape on promise of marriage in depth stating :

It is well settled law that a promise to marry without anything more will not give rise to “misconception of fact” within the meaning of Section 90 IPC. In the case  of  N.Jaladu  ILR (1913) 36  Mad 453 relied upon by the Hon’ble Apex Court in Deelip Singh @ Dilip Kumar vs. State of Bihar, 2005 SCC (Crl.) 253, it has been held that a representation deliberately made by the Accused with a view to elicit the assent of the victim without having the intention or inclination to marry her, will vitiate the consent. If on the facts it is established that at the very inception of the making of promise the accused did not really entertain the intention of marrying her and the promise to marry held out by him was a  mere hoax, the consent ostensibly given by the victim will be of no avail to the accused to exculpate him from the ambit of Section 375 clause secondly IPC.  It  is  equally  well   settled   that  the  onus  to  prove the absence  of such   consent lies solely   upon   the   Prosecution. In   the   present   case   having regard to the evidence led on record, I find that the  Prosecution has failed to discharge   this onus. There   is   not   even   an   iota   of   evidence   on   record   to establish  that the accused   did   not   entertain   the   intention   of   marrying   the Prosecutrix   since   the   very   inception   or   that   the consent   of   the   Prosecutrix obtained   by   him   ostensibly   on the   promise   of   marriage   gave   rise   to   any misconception of fact within the meaning of Section 90.

The judgment also details how accused in this case pleaded the complainant to wait until the recovery of his mother who was ill but she filed a case of rape on him. He claimed he had been falsely implicated in the case by the prosecutrix as he did not fulfill her monetary demands and give in to extortion by her.

While acquitting the accused,Justice Kaveri Baweja observed “it cannot be held that the Prosecutrix gave her consent for physical relationship with the Accused under any misconception of fact as per the mandate of Section 90 IPC  or that her consent was vitiated on account of any such misconception given to her by the Accused at any point of time.”

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Comments
  1. अमर says:

    कहीं ये “लाल रंग” हुड्डा वाली फिल्म असली जिंदगी में तो नहीं चल पड़ी?

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