NAIM AHAMED versus STATE (NCT OF DELHI)

NAIM AHAMED versus STATE (NCT OF DELHI)

On the proved facts the prosecutrix, a married woman with three children, voluntarily continued a long-standing sexual relationship with the appellant (including after birth of a child in 2011 and after learning in 2012 that the appellant was married) and there was no satisfactory evidence that the appellant, from the inception, gave a false promise to marry such that her consent was vitiated under Section 90 read with Clause-Secondly of Section 375 IPC; therefore the appellant could not be held guilty of rape, though the compensation direction remains in force.

Parties
Appellant: Naim Ahamed; Respondent: State (NCT of Delhi)
Jurisdiction
India
Judgment Date
30 January 2023
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment in Criminal Appeal No.46/2016
Outcome
Appeal allowed; appellant acquitted; impugned judgments and orders of the High Court and Sessions Court set aside except direction for payment of compensation which remains unchanged.
Legal Topics
Rape, Consent, Misconception of Fact, False Promise to Marry Vs Breach of Promise, Recording of Evidence and Language of Record, Compensation
Penal Code, 1860 Evidence Act, 1872 Code of Criminal Procedure, 1973 Rape Consent Misconception of Fact False Promise to Marry Vs Breach of Promise Recording of Evidence and Language of Record +1 more

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Parties

Naim Ahamed

Appellant

State (NCT of Delhi)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment in Criminal Appeal No.46/2016

Legal Issues

  1. 1 Whether consent of prosecutrix was vitiated by misconception of fact under Section 90 IPC so as to constitute rape under Section 375 IPC
  2. 2 Whether a promise to marry amounts to a false promise vitiating consent or is only a breach of promise
  3. 3 Whether evidence was properly recorded in the language of the witness in compliance with Sections 276 and 277 CrPC

Ratio Decidendi

On the proved facts the prosecutrix, a married woman with three children, voluntarily continued a long-standing sexual relationship with the appellant (including after birth of a child in 2011 and after learning in 2012 that the appellant was married) and there was no satisfactory evidence that the appellant, from the inception, gave a false promise to marry such that her consent was vitiated under Section 90 read with Clause-Secondly of Section 375 IPC; therefore the appellant could not be held guilty of rape, though the compensation direction remains in force.

Court Disposition

Appeal allowed; appellant acquitted; impugned judgments and orders of the High Court and Sessions Court set aside except direction for payment of compensation which remains unchanged.

Orders

  • Appellant acquitted of the charges and directed to be set free forthwith
  • Impugned judgments and orders of the High Court and the Sessions Court set aside except the direction for payment of compensation to the prosecutrix which remains unchanged