Rafi @ Rafiuddin Mia's appeal dismissed; Court affirms 7-year imprisonment for obtaining consent under misconception of fact.
In a significant ruling, the Calcutta High Court has dismissed the appeal of Rafi @ Rafiuddin Mia, thereby upholding his conviction and sentence of seven years imprisonment for rape under Section 376 of the Indian Penal Code. The judgment, delivered by Justice Chaitali Chatterjee Das, reaffirms the legal position that consent obtained under a misconception of fact, particularly through a false promise of marriage, constitutes rape.
The case stems from a complaint filed by the victim's mother on January 1, 2006, alleging that the accused had cohabited with her daughter under the false promise of marriage, resulting in her pregnancy. Despite the family's efforts to resolve the matter through dialogue, the accused refused to marry the victim, leading to the registration of a case under Section 376 IPC.
During the trial, the prosecution presented eight witnesses to establish the case against the accused. The victim, a young and illiterate woman, testified that she consented to sexual intercourse with the accused based on his promise to marry her. The prosecution argued that the accused's intention from the outset was deceitful, aimed at satisfying his lust, and not genuine.
The defense contended that the victim was aware of the accused's marital status and voluntarily engaged in consensual sexual relations. However, the court found that the accused's assurances were fraudulent, leading the victim to consent under a misconception of fact. The judgment emphasized that such consent is not valid under Section 90 IPC, rendering the accused guilty of rape.
Referencing the Supreme Court's decision in Anurag Soni v. State of Chattisgarh, the court reiterated that consent obtained through a false promise to marry, where the intention to deceive is established, constitutes rape. The court dismissed the appellant's arguments, affirming the trial court's decision and the sentence imposed.
Justice Das highlighted the seriousness of the offense, noting that it has a detrimental impact on society, thereby ruling out the application of the Probation of Offenders Act or Section 360 CrPC. The judgment directs the department to forward the case records to the concerned court and provides for the issuance of urgent certified copies if requested.
This case sets a precedent, reinforcing the legal stance that false promises of marriage leading to sexual relations are not merely breaches of promise but constitute rape under the IPC, holding the accused accountable for his actions.
Bottom Line:
A false promise to marry, made with mala fide intention, leading to consensual sexual relations, constitutes rape under Section 376 IPC when the consent is obtained under a misconception of fact.
Statutory provisions : Indian Penal Code Sections 375, 376, 90; Criminal Procedure Code Section 313, 360.
Rafi @ Rafiuddin Mia & Mian v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2844931
