1 day ago
Gauhati High Court Refuses Relief to Rape Accused
A woman accused a man of having sex with her after promising to marry her.
She said he took her to his home and kept her there for about 15 days.
She also said he later threatened and abused her when she asked him to marry her.
The man said their relationship was consensual and denied the basis of the charges.
Police investigated and filed a chargesheet against him.
The chargesheet described him as an absconder because he allegedly did not cooperate with the investigation.
The Gauhati High Court said the allegations could show that the woman’s consent was obtained because of a false belief about marriage.
The court did not decide whether the man was guilty.
It only decided that the criminal case should continue for now.
The Gauhati High Court declined to quash proceedings against a man accused of rape, cheating and criminal conspiracy.
The complainant alleged he promised to marry her, confined her for about 15 days and raped her in April 2023.
She also alleged that he threatened to kill himself to induce the relationship, later abused her and threatened her when she insisted on marriage.
The accused argued that the relationship was consensual and that the rape, cheating and conspiracy allegations lacked basis.
Justice Mitali Thakuria said the allegations disclosed a preliminary case and that the proceedings were at a premature stage.
- Who
- A man accused of rape, cheating and criminal conspiracy, and the woman who filed the complaint; Justice Mitali Thakuria heard the case.
- What
- The Gauhati High Court refused to quash the chargesheet and criminal proceedings against the accused.
- Where
- The matter was heard in the Gauhati High Court; the woman alleged that the accused confined her at his house.
- When
- The court issued its decision on August 28; the woman alleged the confinement and rape occurred in April 2023.
- Why
- The court found that the allegations, if taken at face value, disclosed a preliminary case involving sexual intercourse allegedly obtained through a false promise of marriage, and that the case was at a premature stage.
Complainant and Prosecution Allegations
Accused’s Arguments
Nature of the relationship
Complainant and Prosecution Allegations
The woman alleged that the accused induced her into a relationship by promising marriage and that her consent was obtained under a misconception of fact.
Accused’s Arguments
The accused argued that the relationship was consensual and that there was no basis for the rape allegation.
Confinement and conduct
Complainant and Prosecution Allegations
The woman alleged that the accused confined her at his house for about 15 days, raped her, and later threatened and abused her when she insisted on marriage.
Accused’s Arguments
The accused sought to end the criminal proceedings, disputing the basis of the allegations.
Whether the case should continue
Complainant and Prosecution Allegations
The allegations, according to the complainant’s case and the court’s assessment at this stage, disclosed a preliminary case requiring further proceedings.
Accused’s Arguments
The accused asked the High Court to quash the chargesheet and criminal proceedings before the case proceeded further.
Key facts
- Court
- Gauhati High Court
- Judge
- Justice Mitali Thakuria
- Alleged offences
- Rape, cheating and criminal conspiracy
- Alleged confinement
- About 15 days at the accused’s house
- Investigation status
- Police filed a chargesheet and described the accused as an absconder
- Procedural status
- The magistrate had taken cognisance, but charges had not yet been framed
- Court’s outcome
- The petition to quash the proceedings was refused
Quotes
Justice Mitali Thakuria
Gauhati High Court judge hearing the petition to quash the criminal proceedings
“It is an undisputed fact that the victim was a married woman, but the accused promised to marry her, and with such inducement, he had sexual intercourse with her.”
indianexpress.com
Sources
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