The Allahabad High Court recently refused to quash a case against a police officer for raping a woman on the false promise of marriage. The court said that police officers are duty-bound to protect the victims, but in the case at hand, he misused his position and exploited the woman.
The bench of Justice Anish Kumar Gupta observed that prima facie a case was made out against the police officer that initially he forced physical relations upon the victim without her consent and continued doing so under the garb of a promise to marry her by divorcing his previous wife, which he knew was nothing but a false assurance and he had no intention to marry the victim.
While clarifying that all the allegations made will be subject to evidence during the trial in the instant case, the court refused to interfere with the charge sheet or with the order taking cognisance against the accused police officer.
The case, in brief, was that initially, the woman, who was a divorcee, filed a case against a man for fraud and rape. The accused policeman was made the investigation officer (IO) in that case. During the probe, the woman alleged, one day the police officer took her to a secluded place, gave her a contaminated soft drink, and then raped her in his vehicle. Subsequently, he apologised and asked her to continue the relationship on the promise that he would marry her.
The police officer was married and also had children from his marriage.
The woman filed a complaint with the police officer’s seniors. However, the accused pressured her to withdraw it.
Also, a case under the SC/ST Act was filed against the woman by the accused police officer’s mother after an altercation took place between the victim and the officer’s family.
In the meantime, the victim got pregnant. She alleged that the police officer also made her undergo an abortion.
Later, when she lodged an FIR against the officer, he made her withdraw her statement given under section 164 of CrPC against him by threatening and persuading her. He took her to a flat and lived with her as husband and wife for a short while.
Thereafter again, the woman initiated criminal proceedings against the officer when he refused to fulfil his promise and beat her.
Seeking a direction to quash the entire proceedings in the case against him, the police officer alleged before the high court that the relationship between him and the woman was consensual. His counsel argued that the alleged victim was a working woman who was well aware of the police officer’s marriage and kids; however, she continued the relations, and therefore, no offence of rape is made out against the accused police officer.
The single-judge bench noted that from the statements of the victim under section 164 of CrPC, there was prima facie an act of force without consent by the accused upon her and, from the allegations levelled, it was clear that the accused knew that he was making a false promise of marriage.
Therefore, stating that a prima facie case had been found against the accused police officer and there was no good ground to quash it, the court dismissed the application moved by him.
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