In a recent ruling, the Uttarakhand High Court has junked a rape case against a minor boy who was accused of raping an older married woman on the pretext of marriage. Married to another man, the complainant woman, who is also a mother, was in a relationship with the accused boy who was a minor at the time the allegations were made.
Justice Pankaj Purohit dismissed the criminal proceedings against the accused on the ground that it was a “consensual relationship”.
The woman had alleged that the accused raped her with the promise of marrying her, and also threatened to make her obscene videos viral on social media.
Based on the woman’s complaint, the accused youth was summoned by Kashipur Judicial Magistrate’s court under Indian Penal Code Sections 376 (rape) and 506 (criminal intimidation) in 2022.
The judge asked that how can a 28-year-old mature woman, who is also mother of a 7-year-old son, could engage in sexual relations with the boy on the basis of a marriage promise. Judge Purohit also raised question over the legal validity of such a promise allegedly made by the accused since he was a minor at the time.
“It was a consensual relationship that deteriorated rather than a case of false promise. Cases like these are not only a burden on courts but also blot the identity of the individual accused of such a heinous crime,” the High Court noted.
The court also pointed out that the accused minor was not of legally marriageable age, the complainant on the contrary, was already married and was well aware of the marriage, adding that she even had a child from her marriage.
Moreover, the court stated that the proposal of marriage from the accused minor was not probable given the complainant was already married, the High Court quashed the complaint and the chargesheet against the accused minor and dismissed the criminal proceedings against him.
With the rise in cases of false rape cases being filed due to failed relationships or the breach of promise of marriage, the Indian courts are now exercising caution in entertaining such cases.
