"Man Willing To Marry Prosecutrix If She Converts Religion, No False Promise To Marry": Allahabad High Court Grants Bail To Rape Accused

The Allahabad High Court granted bail to one Javed Alam who has been accused of establishing physical relations with the victim on the false promise of marriage while noting that he is willing to marry the victim if she converts her religions.

 The Bench of Justice Alok Mathur was hearing the bail plea of Alam against whom an FIR has been lodged by the father of the victim woman alleging that he had put a condition on her that she should convert her religion and only then he will marry her and therefore, FIR was registered under Section 376 IPC.

It was further submitted that initially the physical relations were established with the applicant on the promise of marriage and subsequently, the applicant had put a condition that the prosecutrix should change her religion only thereafter the applicant would marry the prosecutrix.

Hence, it was stated, that the applicant was refusing to marry the prosecutrix and, therefore, offence under Section 376 IPC was made out.

On the other hand, the Counsel for the accused submitted that no offence under Section 376 IPC was made out in as much as there was no fraud in obtaining the consent of the prosecutrix.

It was lastly argued that the applicant was still ready and willing to marry the applicant bu the only condition is that the prosecutrix should change her religion.

Court's observations

The Court, at the outset, noted that the applicant and the prosecutrix maintained physical relations consensually and the same were based on the promise of marriage extended by the applicant to the prosecutrix.

Further, the Court observed that it was only when the applicant asked the prosecutrix to change her religion that an F.I.R. has been lodged stating that the consent of the prosecutrix was obtained by fraud.

Therefore, considering the factual matrix of the present case, the court observed thus:

"...it seems that the applicant is willing and ready to marry the prosecutrix only after the prosecutrix changes her religion. Even in the statement of the prosecutrix as has been recorded during the investigation, there does not seem to doubt that the applicant is in any way refusing to marry the prosecutrix but the only condition has been imposed about a change of religion."

As such, the Court further noted that at this stage, it cant be said that the consent for establishing physical relations was made on the false promise of marriage and consequently, the consent was hit by the provision of Section 90 of IPC.

Therefore, considering the fact that the applicant and the prosecutrix both are major and have had physical relations for the last one and half year and in view of the peculiar facts and circumstances of the instant case, the Court held that consent was prima facie not obtained by fraud and consequently, the applicant was found to be entitled to bail.

Case title - Javed Alam v. State of U.P

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