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JUDGEMENT LINK- NAIM AHAMED versus STATE (NCT OF DELHI)
https://main.sci.gov.in/supremecourt/2017/24828/24828_2017_5_1501_41360_Judgement_30-Jan-2023.pdf
00:00- Introduction
01:46- Facts of the case
04:13- Judgement by the supreme court
The Supreme Court on case NAIM AHAMED versus STATE (NCT OF DELHI)
held that it would be incorrect to treat each and every breach of promise to marry as a false promise and thereby prosecute a person for the offense of rape under Section 376 of the Indian Penal Code (IPC)
The Supreme Court observed: The prosecutrix, a married woman and the mother of three children, was mature enough to understand the significance and consequences of the moral or immoral quality of the act she was consenting to. Even otherwise, if her entire conduct during the course of such a relationship with the accused, is closely seen, it appears that she had betrayed her husband and three children by having relationship with the accused, for whom she had developed a liking for him. She had gone to stay with him during the subsistence of her marriage with her husband, to live a better life with the accused. Till the time she was impregnated by the accused in the year 2011, and she gave birth to a male child through the loin of the accused, she did not have any complaint against the accused that he had given a false promise to marry her or having cheated her. She also visited the native place of the accused in the year 2012 and came to know that he was a married man having children also, still she continued to live with the accused at other premises without any grievance. She even obtained a divorce from her husband by mutual consent in 2014, leaving her three children with her husband. It was only in the year 2015 when some disputes must have taken place between them, that she filed the present complaint. The accused in his further statement recorded under Section 313 of Cr.P.C. had stated that she had filed the complaint as he refused to fulfill her demand to pay her a huge amount. Thus, having regard to the facts and circumstances of the case, it could not be said by any stretch of the imagination that the prosecutrix had given her consent for the sexual relationship with the appellant under the misconception of fact, so as to hold the appellant guilty of having committed rape within the meaning of Section 375 of IPC.
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