Court affirms that false promise to marry vitiates consent, upholds conviction under IPC Section 376
In a significant ruling, the Calcutta High Court has upheld the conviction of Anil Kumar Gupta, who was found guilty of rape under Section 376 of the Indian Penal Code. The judgment, delivered by Ms. Chaitali Chatterjee Das, J., reiterates the legal precedent that the sole testimony of a rape victim can be sufficient for conviction if it inspires confidence. The court dismissed the appeal against the conviction, originally handed down by the Additional Sessions Judge, Fast Track Court, Asansol, and confirmed that consent obtained under a false promise to marry is not valid under Section 90 of the IPC.
The case stemmed from a complaint filed by the victim, who alleged that Anil Kumar Gupta, a friend of her elder brother, raped her under the pretext of marriage. Despite promises to marry her, Gupta delayed the marriage, leading to the victim's pregnancy and the subsequent birth of a child. The court noted that the victim, a minor at the time of the incident, was exploited by Gupta, who later refused to marry her and denied paternity.
The High Court, in its detailed analysis, emphasized that corroboration is not essential in sexual offence cases if the victim's testimony is credible. The judgment cited several Supreme Court decisions, including the State of Himachal Pradesh vs. Manga Singh, which uphold the conviction based on the victim's testimony alone. The court rejected the defense's argument that the prosecution failed to prove the case beyond reasonable doubt, highlighting the victim's consistent testimony during cross-examination.
The court also acknowledged the procedural lapses in the investigation, such as the non-examination of certain witnesses and the failure to conduct an ossification test to determine the victim's age. However, it concluded that these lapses did not undermine the credibility of the victim's account or the conviction.
Additionally, the court directed the State Legal Services Authority to ensure that the victim receives compensation under the victim compensation scheme, notwithstanding the fact that the incident occurred before the incorporation of Section 357A in the Criminal Procedure Code.
This ruling reaffirms the judiciary's stance on protecting victims of sexual violence and underscores the importance of victim testimony in securing convictions in rape cases.
Bottom line:-
Rape - Conviction based on sole testimony of prosecutrix possible if it inspires confidence - False promise to marry vitiates consent under Section 375 IPC.
Statutory provision(s): Indian Penal Code, 1860 Section 375, Section 376, Section 90; Criminal Procedure Code, 1973 Section 357A
Anil Kumar Gupta v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2928191
