Indian Penal Code, 1860
Section 376—Offence of rape—Refusal by the High Court to quash proceedings—Appeal—Relationship was in existence prior to marriage of second respondent and continued to subsist during the term of marriage and after second respondent was granted a divorce by mutual consent—High Court, in the course of its judgment, has merely observed that dispute raises a question of fact which cannot be considered in an application under Section 482 of CrPC—Facts as they stand, which are not in dispute, would indicate that ingredients of offence under Section 376 IPC were not established—High Court has proceeded to dismiss the application under Section 482 of CrPC on a completely misconceived basis—Impugned judgment and order passed by High Court is set aside—Appeal allowed. [Criminal Procedure Code, 1973, Section 482]
[Paras 12 to 15]
Section 376—Offence of rape—Refusal by the High Court to quash proceedings—Appeal—In a prosecution for rape on the false promise of marriage, the crucial issue which is to be considered is whether allegations indicate that appellant had given a promise to the victim to marry which at the inception was false and on the basis of which the victim was induced into a sexual relationship—Test to exercise power under Section 482 of CrPC whether allegation in the FIR discloses commission of a cognizable offence—Relationship between parties was purely of a consensual nature—Relationship was in existence prior to marriage of victim and continued to subsist during the term of marriage and after victim was granted a divorce by mutual consent—Essential ingredients of offence of rape were absent—Impugned judgment and order passed by High Court is set aside—Appeal allowed. [Criminal Procedure Code, 1973, Section 482]
[Paras 13 & 14]