If a man’s intention while making the promise to marry is to deceive a girl in sexual relations, her consent is vitiated: High Court Bombay

When the promise to marry is false and the producer’s intention at the time of the promise itself was not to respect, but to deceive it to convince him to engage in sexual relations, there is a “wrong conception of the fact” and of the same “vitucu. “The girl’s consent, the High Court Bombay recently held while maintaining a man’s violation, accused of raping a minor.

A single judge Justice Following Joshi-Phalke I took into account the claim of the accused, that the victim had an adventure of unilateral love and thus, out of her desire to marry him, committed themselves into sexual relations. However, the judge said that his engagement with the victim, promising him for marriage, seems to be of good faith from the beginning, as he has induced him completely, promising marriage.

“This type of consent assumed to be accused with a clear intention not to fulfill the promise and convinced a girl to believe that she would marry and obtained her consent for sexual relations in accordance with a total misconception cannot be treated to be a consent,” Joshi-Phalke justice stated in his order on February 21.

Said the judge, “If the promise to marry is false and the intention to make the producer at the time he made promises was not to respect, but to deceive a girl to convince him to engage in sexual relations, there is a” conception wrong of the fact “to come to the girl” consent. ” It is not only a case of violation of the promise, but it is a case only to seduce the false promise, and the victim has been subject to sexual aggression on the wrong conception of the fact. “

Moreover, the victim who was under sixteen and her consent is not relevant, because it is not consent, the judge added.

The bank has heard an appeal filed by a Ruchand Shende (28 years old) against his conviction on the charge of rape and provisions regarding the protection of children against sexual crimes (POCSO). He also challenged the ten -year sentence imposed by a special Pocso land in the Bhandara district, on September 9, 2022.

According to the case of criminal prosecution, the victim filed a wire against Shende in 2019, claiming that while working at a fruit juice center, the accused, who used to visit the Center for the purchase of stocks for his own store. her contact number. When the girl did not pay any attention, he insisted and obtained her number and later the duo began to speak. But her mother opposed the same.

On October 7, 2018, while the girl was returning from work, the accused met him and “forced” took him to a room, where he asked for a sexual favor. When the girl refused, he promised to marry her and then engaged in sexual relations several times. However, when the girl missed her periods, she asked the accused to marry her, but she gave her some pills and continued with her sexual activity. Later, the girl conceived and asked him to marry her that the accused Shende told him that he could not marry and therefore filed the wire.

Passing through the facts of the case, the judge mentioned that the instant case It was not from a “love adventure” between the accused and the victim.

“It is not the case of the accused that the victim had any love and affection for him. Although he stated that he has a love story and, although his engagement with the victim to have a physical relationship and the defense taken by him that the victim has a love adventure, the same in itself is sufficient to show his intention. It seems that the intention of the accused, according to the victim’s testimony, right from the beginning was not sincere and continued to promise that he would marry her, until he becomes pregnant “,” the judge noted.

This type of consent obtained by the accused cannot be said to be consent, because it was under the wrong conception that the accused intends to marry her and, therefore, subjected to sexual relations with him, added the judge.

“This fact is obvious from the DNA report. It is more than clear, that the accused has made a false promise that he will marry her, because they are not recorded by the accused to prove that when he relevant He was planning to marry her but the circumstances are so he couldn’t marry her, ” said the bank.

In addition to the consent, the bank also considered the medical evidence and also the results of DNA tests, which confirmed that Shende was the father of the girl born to the victim.

With these observations, the bank rejected the call.

Appearance

VB Gawali lawyer appeared for the appellant.

The addition of the public prosecutor MJ Khan represented the state.

Lawyer Mohini Sharma represented the victim.

Case title: Ruchand Shende vs State of Maharashtra (criminal appeal 155 of 2023)

Click here to read/download judgment