24 March 2025 Rape >> Criminal Law  

This judgment of Jothiragawan v/s State Rep. By The Inspector of Police & Another., addresses an appeal against the Madras High Court's rejection of an application filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.). The appellant sought to quash criminal proceedings, including charges of rape and cheating, arguing that the alleged victim's consent was evident and there was no prior promise of marriage to induce a physical relationship.

The core of the dispute revolves around the nature of the relationship between the complainant and the accused, both adults. The appellant contended that their interactions indicated consent and that a promise of marriage, if any, occurred after the first sexual encounter, not as an inducement before it. The State argued that the victim's statements clearly indicated coercion, necessitating a trial to determine the truth. The victim's counsel asserted that inducement via a promise of marriage, which was not kept, constituted fraudulent consent under Section 90 of the Indian Penal Code (IPC).

Upon reviewing the victim's statements, the Court found no evidence of a promise of marriage before the alleged sexual acts to induce consent. The promise, if made, was after the first instance. The Court noted inconsistencies in the victim's claims, specifically her assertion of coercion and force while also repeatedly and willingly accompanying the accused to the same hotel. Given the admitted relationship between the parties and the victim's voluntary repeated visits to the hotel despite claiming to be "mentally upset" after previous incidents, the Court concluded that the sexual relationship was not without the victim's consent.

Consequently, the Court ruled that the criminal proceedings against the appellant were an abuse of process and should have been quashed by the High Court. The appeal was allowed, and the ongoing proceedings before the Sessions Judge (Mahila Court), Erode, were quashed.

Section 482., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973  

Section 90., Indian Penal Code - 1860  

Indian Penal Code, 1860