The Rajasthan High Court has declined to quash two First Information Reports (FIRs) filed against a man accused of engaging in sexual relations with two women under the false promise of marriage. The court emphasized that the possibility of the accused benefiting from the victims’ fear of reporting sexual assault cases cannot be ignored.

In its judgment, the court noted that the complainants were in intermittent relationships with the petitioner, re-entering into these relationships based on his assurances of marriage. The court acknowledged that, within Indian societal norms, women often delay reporting sexual assault due to potential embarrassment and societal pressures. This delay, coupled with the petitioner’s repeated promises of marriage, may have led the complainants to believe that he would eventually fulfill his promise, thus refraining from approaching the authorities earlier.

The court further stated that, at this preliminary stage under Section 482 of the Criminal Procedure Code, it is not appropriate to delve deeply into the veracity of the allegations. Instead, the focus should be on whether the allegations, if taken at face value, constitute a cognizable offense. Given the circumstances, the court found that the possibility of the petitioner obtaining consent for sexual relations under a misconception of fact could not be ruled out.

This decision aligns with the broader legal principle that consent obtained through deception, particularly promises of marriage that are not intended to be fulfilled, can vitiate consent and constitute rape under Section 375 of the Indian Penal Code. Courts have consistently held that each case must be evaluated based on its specific facts and circumstances.

sources