Court Observes Sexual Relations Were Consensual, Not Induced by False Promises of Marriage
In a significant ruling, the Delhi High Court, presided over by Justice Girish Kathpalia, granted bail to Vimal, accused under Sections 376 and 506 of the Indian Penal Code, in a case involving allegations of sexual relations secured through false promises of marriage. The court observed that the relationship between the accused and the prosecutrix was consensual and not influenced by any false assurances to marry.
The case stemmed from an FIR lodged by the prosecutrix, a 29-year-old woman who had alleged that she was misled into a physical relationship with the accused based on his promise of marriage. However, it later emerged that the accused was already married with children. Despite this revelation, the prosecutrix continued the relationship, leading to questions about the nature of consent and deception involved.
The court noted that the prosecutrix, being a mature and working individual, was not easily misled and had maintained the relationship even after knowing the accused's marital status. The judgment emphasized that a distinction must be made between consensual relations and those tainted by deceitful promises of marriage, which would qualify as an offense.
Justice Kathpalia highlighted inconsistencies in the prosecutrix's narrative, pointing out that she continued the relationship well after discovering the accused's true marital status and even underwent multiple abortions during this period. The court found no substantial evidence supporting the claim that the accused's promises were deceitful enough to constitute a criminal act under the allegations made.
The court's decision to grant bail was also influenced by the fact that the accused had been in custody since mid-May 2026, and a chargesheet had already been filed. The order stipulates that the accused must not contact any prosecution witnesses, reinforcing the importance of a fair trial process.
This judgment underlines the judiciary's careful approach in distinguishing between consensual adult relationships and those that may involve elements of criminal deceit, ensuring that charges of this nature are thoroughly examined before imposing severe legal consequences.
Bottom Line :
Bail granted in a case under Sections 376/506 IPC where the court observed that sexual relations between the accused and prosecutrix were consensual and not tainted with false assurance of marriage.
Statutory provision(s): Indian Penal Code, 1860 Sections 376, 506
Vimal v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2962494
