Indian Penal Code, 1860
Sections 376(2)(n) & 506—Rape and criminal intimidation—Petition to quash FIR dismissed by High Court—Appeal—Discrepancies in stand taken by the complainant in the FIR and the statement she got recorded under Section 164 of CrPC—Complainant besides the facts in the FIR and also in the statement under Section 164 CrPC regarding her divorce from the earlier marriage, sought to claim that she had re-married with appellant during subsistence of her earlier marriage—From the contents of the complaint, on the basis of which FIR was got registered and statement got recorded by the complainant, it is evident that there was no promise to marry initially when the relations between the parties started—Even on the dates when the complainant alleges that the parties had physical relations, she was already married—Complainant was a grown up lady about ten years elder to the appellant and she was matured and intelligent enough to understand the consequences of the moral and immoral acts for which she consented during subsistence of her earlier marriage—There cannot be any stretch of imagination that the prosecutrix had given her consent for sexual relationship under misconception—Impugned order of High court is set aside and FIR in question and all subsequent proceedings thereto are quashed—Appeal allowed.
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