DEEPAK GULATI versus STATE OF HARYANA

DEEPAK GULATI versus STATE OF HARYANA

The prosecutrix, being a consenting adult, voluntarily engaged in intimate relations and intended to marry the appellant. There was insufficient evidence to prove the accused had mala fide intent or made a false promise to marry solely to induce sexual intercourse. Therefore, conviction under sections 365 and 376 IPC cannot be sustained, and appellant is entitled to benefit of doubt.

Parties
Appellant: Deepak Gulati; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
20 May 2013
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal Decision
Outcome
Appeal allowed; conviction and sentence set aside.
Legal Topics
Rape, Consent, False Promise of Marriage, Penal Code S.376, Penal Code S.365, Penal Code S.90, Evidence Act S.114 a
Criminal Law Rape Consent False Promise of Marriage Penal Code S.376 Penal Code S.365 Penal Code S.90 Evidence Act S.114 a

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Parties

Deepak Gulati

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal Decision

Legal Issues

  1. 1 Whether consent obtained under promise of marriage amounts to valid consent for the purposes of s.376 IPC
  2. 2 Distinction between rape and consensual sex where promise of marriage is involved
  3. 3 Applicability of s.90 IPC to consent based on misconception of fact

Ratio Decidendi

The prosecutrix, being a consenting adult, voluntarily engaged in intimate relations and intended to marry the appellant. There was insufficient evidence to prove the accused had mala fide intent or made a false promise to marry solely to induce sexual intercourse. Therefore, conviction under sections 365 and 376 IPC cannot be sustained, and appellant is entitled to benefit of doubt.

Court Disposition

Appeal allowed; conviction and sentence set aside.

Orders

  • Conviction and sentence under ss. 365 and 376 IPC set aside.
  • Appellant entitled to benefit of doubt.