The Hon’ble High Court of Madhya Pradesh (Jabalpur Bench), while referring to the Apex Court Judgement in the case of State of Uttar Pradesh Versus Naushad [ (2013) 16 SCC 651 ] has held that a woman’s body is not a man’s play thing and he cannot take additions to it in order to satisfy his lust and desires by fooling a woman into consent to successful intercourse simply because he wants to indulge in it. The accused in this case has committed the vile act of rape and deserves to be suitably punished for it.
The Complainant and the accused had met at a Coaching Centre in 2016, while preparing for competitive exam, and fell in love. Their parents then held an engagement ceremony for them, but the question of a marriage ceremony having taken place was in dispute. Nevertheless, the couple then began living like husband and wife.
Subsequently, while the man cleared the competitive exam, the woman did not. However, as per her account, his family began demanding Rs. 10,00,000/- and a Car as dowry for performing the marriage. She then approached the authorities with her complaint.
While dealing with the offence under Section-376 of the Indian Penal Code, the Hon’ble Court observed that consent received by fraud was not consent at all, and dismissed the petition while further observing as under :-
“ As regarding the offence registered by the Police, it would be appropriate to mention that “ consent” for successful intercourse was obtained by Petitioner No. 1 inducing to believe the prosecutrix that the Petitioner No. 1 would marry her, it seems to be “fraud” that was practised on her or that she was deceived by false assurances. The “consent” so obtained by deceitful means is not a “free consent” and the offence comes within the ambit and ingredients of definition of “rape”. “