Rape

Importance of Addressing Rape:

• Rape transcends various barriers like age, class, language, caste, and community, rooted in power dynamics.
• Victims often face disbelief, denial, and cover-up, worsening the inhumanity of the act.

Responsibility of Courts in Rape Cases:

• Courts must handle rape cases with utmost sensitivity and examine broader probabilities beyond minor contradictions.
• It is crucial not to dismiss rape allegations based on insignificant discrepancies in witness statements.

Judgment on the State vs. Upender Dutt Sharma:

• Case involved the accused Upender Dutt Sharma @ Goldi under Section 376 of the Indian Penal Code.
• Arguments concluded on 02.01.2016, with appearances by the State's Additional Public Prosecutor and counsels for the accused and Delhi Commission for Women.

Quotation by Mahatma Gandhi:

• Mahatma Gandhi's quote emphasized the strength and importance of women in society and their immeasurable moral power.
• The future, based on nonviolence, is believed to be in the hands of women.

Background of the Case:

• The accused, Mr. Upender Dutt Sharma, was charged with the offence under section 376 of the Indian Penal Code based on allegations of committing rape on a woman.
• The case was filed at the Police Station Nihal Vihar, Delhi and after completion of investigation, the charge sheet was filed before the Court of the learned Metropolitan Magistrate.

Charges and Plea:

• After hearing arguments, charges for offences under sections 328, 376, and 420 of the IPC were framed against the accused to which he pleaded not guilty and claimed trial.

Prosecution Evidence:

• The prosecution presented 10 witnesses to prove its case, including the prosecutrix, medical examiners, and investigation officers.

Admission of Evidence:

• The accused's counsel admitted certain evidence, while some witnesses were dropped from the list of prosecution witnesses.

Accused's Statement and Defence Evidence:

• The accused submitted his innocence and claimed the case to be false, stating that the prosecutrix aimed to extort money from him.
• The accused led evidence in their defence with three witnesses.

Arguments:

• The Additional Public Prosecutor requested for convicting the accused based on corroborative and reliable testimonies of prosecution witnesses, while the counsel for the accused sought acquittal citing various inconsistencies and unreliable evidence by the prosecution.

Discussion and Observations:

• The court emphasized the duty to find the truth and the need to disperse suspicions and search out the truth in a case.
• The court highlighted the onerous duty to find out the truth within permissible limits by comprehending the totality of facts and circumstances, and testing the credibility of the witnesses.

Conclusion and Verdict:

• The provided evidence and arguments were taken into consideration and after due deliberation, the court arrived at its verdict.

Prosecution's Allegations and Proof Documents:

• Prosecutrix (PW1) made a complaint at Police Station Nihal Vihar on 26.04.2013, seeking action against the accused for alleged crimes.
• After media intervention, FIR was registered under sections 376 of the Indian Penal Code.

Medical Examination and Investigation:

• Prosecutrix underwent medical examinations identifying discrepancies in the accused's name in the reports.
• Accused confessed to the crime, leading to his arrest and further examinations.

Legal Proceedings:

• Prosecutrix provided statements under section 164 of the Cr.P.C. to the Metropolitan Magistrate.
• Accused's identification, arrest, and investigations were carried out by the police.

Accusations Against the Accused:

• Accusations include intoxicating the prosecutrix and committing rape through false promises of marriage.
• Important issues surrounding the identity of the accused are being discussed.

Identity of the Accused:

• No dispute exists regarding the identity of the accused, Upender Dutt Sharma @ Goldi.
• Both the prosecutrix and police witnesses confirmed the accused's identity.

Accused Identity Established:

• Identity of the accused established through mentioned references in complaint and FIR.
• Accused confirmed to be above 18 years at the time of the incident.

Accused Virility:

• Medical examination indicates accused's capability for sexual intercourse.
• Accused found to be virile and capable of committing rape.

MLC and Forensic Evidence:

• Medical and forensic evidence analyzed for corroboration.
• While no incriminating evidence found, oral and ocular evidence still significant.

Delay in FIR:

• Contention of delay in lodging FIR analyzed for its impact on prosecution's case.
• Explanation for delay and its significance in sexual offense cases discussed.

Court Admissibility Criteria:

• Supreme Court's stance on delay in FIR explained and its implications on case authenticity.
• Cases cited to illustrate importance of reliable victim evidence despite delay.

Delay in lodging FIR:

• The accused claims that the FIR was lodged after a long delay, with no explanation provided by the prosecution.
• The Additional Public Prosecutor argues that there was no delay in lodging the FIR, as criminal action was initiated as soon as possible.

Problems with the prosecutrix's behavior:

• The prosecutrix did not make any complaint to anyone prior to lodging the complaint on 30.04.2013.
• The judgment of the Hon'ble High Court of Delhi observed that the prosecutrix did not provide an explanation for her inaction during the alleged offence or her failure to lodge a complaint with the police.

Possibility of manipulation and motivation:

• The delay in lodging the FIR and discrepancies in evidence raise the possibility of the complaint being motivated or manipulated.
• The discrepancies in the evidence and the delay in lodging the FIR cast doubt on the truthfulness of the prosecutrix's version.

Analysis of the prosecutrix's statements:

• The prosecutrix provided details of her encounter with the accused at a movie theater in 2008, including the exchange of phone numbers and offers of friendship.

Judgement regarding prosecutrix's behavior:

• The Hon'ble High Court of Delhi's observation questioned the prosecutrix's behavior during the alleged offence and her failure to report the matter immediately.

Accused Pursues Victim for Friendship and Marriage:

• Accused repeatedly asked the victim for friendship, gradually developing a relationship with her.
• After months of contact, accused proposed marriage, involving both their parents in discussions.

Encounter at Accused's Residence:

• Victim visits accused's house, meets his father, receives approval for marriage.
• Accused offers to show her the house, eventually leading her to a room where he serves tea.

Unwanted Advances and Assault:

• Victim feels drugged after tea, wakes up to find herself undressed beside accused.
• Accused forces physical relations, justifying it with approval from his father for their marriage.

Betrayal and Rejection:

• Accused engages with another girl without informing the victim, citing her lower caste as a reason.
• Victim's attempts to contact accused are ignored, leading her to file a written complaint with the police.

Accusation of wrong name in medical examination:

• The victim informed W.Ct. Seema that her name was wrongly mentioned in the MLC and requested correction.
• W.Ct. Seema did not take any action in this regard.

Location of rape incident:

• The victim was taken to the place of occurrence where the rape took place for the first time.
• The Investigation Officer prepared a site plan at her instance.

Arrest of the accused:

• The police took the victim to the house of the accused where he was present and arrested him.
• He was arrested and a personal search memo was prepared.

Delay in recording victim's statement:

• The victim's statement was recorded by the Metropolitan Magistrate after about 4 months of the FIR registration.
• Prior to her statement, the IO along with an Inspector visited her residence.

Content of the victim's complaint:

• The victim mentioned in her complaint how she was introduced to the accused through her friends.
• She recounted being intoxicated and raped by the accused after being promised marriage.

Judicial opinions on consent in sexual relations:

• The judicial opinions in Uday v. State of Karnataka and Sujit Ranjan v State highlight the significance of consent in sexual relationships.
• The case of Deepak Gulati v State of Haryana emphasizes the need to examine the accused's intentions and motives in cases of false promise of marriage.

Legal Precedents on Consent and Marriage Promises:

• The courts have emphasized that if a prosecutrix is mature and consents to a sexual act with the understanding that marriage may not occur, the accused may be given the benefit of doubt regarding criminal liability.
• Cases like Nikhil Parashar v. State of Delhi highlight the importance of distinguishing between cases of genuine love and deceitful promises of marriage to exploit innocent girls.

Interpretation of Intentions in Relationship:

• Courts analyze the accused's true intentions at the start of a relationship to determine if the promise of marriage was genuine or made solely for sexual favors.
• Failure to fulfill a promise of marriage due to unforeseen circumstances may not always constitute a criminal offense.

Consent, Deception, and Sexual Assault:

• The Supreme Court has ruled that obtaining consent through deception, especially regarding marriage, cannot justify sexual intercourse and may lead to criminal liability.
• Sexual acts under false pretenses, followed by abandoning promises of marriage, can be considered actively cheating the victim.

Credibility of Prosecutrix Testimony:

• In the case under scrutiny, inconsistencies and contradictions in the prosecutrix's statements raise doubts about the reliability of her testimony.
• The prosecutrix's varying versions of events, as revealed in different statements and examinations, create ambiguity in the case.

Contradictions in Witness Statements:

• Key contradictions in the witness statements regarding the accused's intentions and actions during the alleged incidents cast uncertainty on the case.
• Discrepancies between the prosecutrix's complaints, medical reports, and statements affect the coherence of the evidence presented.

Detailed Analysis in Court Proceedings:

• The court meticulously evaluates the sequence of events and testimonies to establish the veracity of the accusations and the accused's culpability.
• Scrutiny of the prosecutrix's cross-examination and inconsistencies in her accounts forms a critical part of the legal deliberation.

Importance of Clear Intentions in Relationships:

• The case highlights the significance of transparent intentions in relationships and the repercussions of exploiting promises without genuine commitment.
• Judicial scrutiny in such cases focuses on distinguishing between honest intentions and manipulative tactics to deceive individuals.

Final Verdict and Legal Implications:

• Based on legal precedents and evidentiary evaluation, the court must determine the accused's true intent regarding the promise of marriage and the subsequent actions.
• Establishing the accused's culpability requires proving beyond reasonable doubt that the promise of marriage was false, and the accused had no intention of fulfilling it.

Background of the Case:

• Accused's wife, mother of the accused, was not at home, so they decided to wait for her to return.
• Accused's father offered to take the accused to his residence and they had tea and biscuits there.

Accused's Behavior:

• Accused took the victim to his father's residence and pretended to be having tea and biscuits.
• Accused told the victim that she was feeling sleepy and should lie down on the bed till his mother returned.
• Accused sexually assaulted the victim.

Accused's Assurance:

• Accused assured the victim that he would marry her, saying that his father had given his consent.
• Accused told the victim that he had filled the parting of her hair at a temple in Vikas Puri.
• Accused telephoned the victim and told her that he was getting married to another girl.

Prosecutrix's Feelings:

• Prosecutrix was sad and didn't go to her office for two days.
• Prosecutrix told the accused that she couldn't get married without her family's consent.
• Prosecutrix was threatened to be defamed or killed if she didn't go through with the marriage.

Changes in Accused's Behavior:

• Accused changed his behavior and stopped meeting the victim.
• Accused told the victim that he couldn't do anything but would try to talk to his mother.
• Accused stopped taking the victim's calls and didn't meet her.

Prosecutrix's Contradiction:

• Prosecutrix gave different and contradictory versions of the case.
• Prosecutrix changed her statement about the accused's name from Goldy to Murli.

Contradiction in MLC Name:

• Prosecution version appears doubtful due to named discrepancy in the MLC.
• Lack of explanation from the prosecution regarding the contradiction.

Media Intervention for FIR:

• FIR registered based on media intervention.
• Media persons not produced as witnesses, affecting the veracity.

Temple Incident in Statements:

• Inconsistency in mentioning temple incident in statements.
• Prosecution offers no clarification on the omission.

Lack of Immediate Complaint:

• Prosecution version questioned due to delayed complaint timeline.
• No satisfactory explanation provided for lack of immediate reporting.

Tea Intoxication Discrepancy:

• Inconsistency in the effect of shared tea consumption.
• Prosecution fails to explain the selective impact on the prosecutrix.

Work Continuation Post-Incident:

• Work regularity post-incident suggests comfort with the accused.
• No leave taken indicates voluntary actions by the prosecutrix.

Concealment of Trip to Shimla:

• Conscious concealment of Shimla trip raises doubts.
• Failure to disclose crucial information weakens prosecutrix's credibility.

Unsubstantiated Phone Conversations:

• Lack of seized phone and CDRs undermines phone conversation claims.
• Unsubstantiated claims about phone surveillance by the police.

Lack of Complaint and Alarming Silence:

• The prosecutrix did not make any complaint after the incident, raising doubts about the veracity of her claims.
• She admitted to not making any complaint against the accused for a period of four years, casting further doubt on her version.

Unsubstantiated Marriage Claims:

• The prosecutrix claimed a promise of marriage from the accused, but there was no evidence of any formal arrangement or meetings between their families.
• The lack of action or plans for marriage during the four-year period adds skepticism to her assertion.

Inclination Towards the Accused:

• Her phone call to the accused during the trial and her apparent desperation to marry him raised questions about the nature of their relationship.
• These actions suggested a one-sided love, indicating her personal interest.

Voluntary Understanding of Consequences:

• The prosecutrix, being educated and mature, was fully aware of the implications of the physical relations with the accused.
• Her conscious decision to engage in physical relations indicated her consent and understanding of the circumstances.

Contradictions and Inconsistencies:

• The overwhelming contradictions in the prosecutrix's statements and lack of explanation by the prosecution raised concerns about the reliability of her testimony.
• Several contradictions in her different statements remained unjustified, weakening the prosecution's case.

Understanding of Consent and Misrepresentation:

• Debate around whether the physical relationship was based on misrepresentation or free consent, highlighting the complexity of the case.
• The definition of consent was examined in light of fear, misconception, and the stated mental and physical powers.

Legal Interpretations of Consent:

• Legal perspectives on consent and the significance of an intelligent understanding of the nature and consequences of a sexual act were considered.
• The relevance of immediate belief and the impact on the consent were deliberated, as observed in previous legal cases.

Impact on Consent and Misrepresentation:

• The failure to fulfill a promise at an uncertain future date was distinguished from a misconception of fact at the inception of the act, affecting the consent's validity.
• Legal analysis underscored the importance of immediate relevance and the creation of belief in marriage as factors influencing consent.

Consent in Cases of Promise to Marry:

• A major girl engaging in physical relations based on a promise of marriage on an uncertain date is not a misconception of fact.
• A major's consent given with understanding cannot be deemed as induced by fraud or misrepresentation.

Validity of Consent:

• The absence of voluntary consent in cases of misconception of fact renders the consent invalid.
• Accused indulging in sexual intercourse with misleading promises of marriage vitiates consent.

Interpretation of Consent:

• Consent may be express, coerced, deceptive, or obtained through deceit.
• Distinguishing consensual sex from rape involves understanding the accused's intentions.

False Promises and Intentions:

• An accused's false promises of marriage for gratifying lust fall under deception.
• Conviction for rape requires proof of mala fide intentions by the accused.

Judicial Perspectives:

• Judgments emphasize distinguishing between consensual acts and fraudulent inducements.
• Accused can be convicted of rape if found to have harbored deceitful motives.

Evidentiary Requirements:

• Prosecution must substantiate intoxication claims with evidence to validate allegations.
• Mere assertions without proof may not be sufficient in establishing critical aspects of the case.

Prosecutrix Behavior in February 2009:

• The prosecutrix was not confined by the accused in February, 2009 and was willingly with him in his house where his father was present.
• She did not raise an alarm, try to escape, call the police, or complain to neighbors immediately or later.

Reliability of Prosecutrix Evidence:

• Evidence of the prosecutrix found suffering from serious infirmities and inconsistencies with no forensic or medical evidence.
• No reliance can be placed upon her evidence if found improbable.

Inconsistencies in Testimony:

• Where witness- prosecutrix makes inconsistent statements, their testimony becomes unreliable.
• Prosecution case cannot be sustained if one integral part of the story is not believable.

Prosecutrix's Awareness:

• The prosecutrix was fully aware of the risks and decisions involved in her actions.
• She was mature and knew the consequences of her choices.

Consent and Relationship with Accused:

• Prosecutrix was a consenting party and enjoyed the company of the accused for several years.
• Continued indulgence in activities without marriage is considered promiscuity.

Prosecution's Failure:

• Prosecution failed to explain contradictions and inconsistencies in the prosecutrix's statements.
• The story presented by the prosecution is highly improbable and unbelievable.

Inconsistent Statements of Prosecutrix:

• The prosecutrix's inconsistent statements make her testimony unreliable and unworthy of credence.
• There is no material on record that the prosecutrix was forced into having physical relations.

Consenting Party:

• It appears that the prosecutrix had willfully remained with the accused and had physical relationship, if any, with him being a consenting party.
• All the surrounding circumstances reveal that the prosecutrix established physical relationship with the accused with her free consent.

Prosecution's Failure:

• The prosecution has failed to furnish any explanation in respect of the contradictions in the statements of the prosecutrix.
• The inherent contradictions strike at the very root of the prosecution story making it unbelievable and improbable.

Reliability of Prosecutrix's Deposition:

• The deposition of the prosecutrix cannot be treated as trustworthy and reliable.
• In the absence of special circumstances, no conviction can be based on the evidence of such witness.

Accused's Guilt:

• No inference can be drawn that the accused is guilty of the charged offences as the prosecutrix has made inconsistent statements.
• There is no material on record that the prosecutrix was forced by the accused.

Contradictions in Prosecutrix's Statements:

• Several contradictions in the prosecutrix's statements remain unexplained and indicate that no such offence was ever committed by the accused.
• It would not be safe to rely on the evidence of the prosecutrix in determining the guilt of the accused.

Insufficient Evidence:

• The story narrated by the witness differs substantially and there are large number of contradictions in his evidence, making it unsafe to rely on.

Inconsistent Statements of Witnesses:

• Where witnesses make two inconsistent statements, their testimony becomes unreliable and unworthy of credence.
• The consistent inconsistencies in the statements of the witness indicate a lack of reliability.

Reliability of Witnesses:

• Testimony of witnesses becomes unreliable if given at one or two stages.
• Absence of special circumstances makes convictions based on such testimony invalid.

Credibility of Prosecutrix:

• Prosecutrix's accusations of forcible relations with the accused are deemed false.
• Evidence suggests prosecutrix willingly engaged in physical relationship.

Deposition of Prosecutrix:

• Deposition of the prosecutrix is deemed untrustworthy and unreliable.
• Judgments indicate lack of veracity in the case of intoxication and rape.

Motive in Crime:

• Motive assumed significant in evidential cases but absence does not discredit prosecution.
• Proof of motive would strengthen case; in this case, motive is seen as lacking.

Accused's Defense:

• Accused denies all prosecution evidence and claims false implication.
• Defense witnesses and evidence suggest innocence and contradict prosecution's claims.

Independent Evidence:

• Witnesses considered independent unless biased.
• Each case must be evaluated based on its unique facts.

Criminal Intention:

• No criminal intention or mens rea found on the part of the accused.
• Mens rea questioned, indicating lack of criminal intent.

Conclusion of Acquittal:

• Prosecution case lacks veracity for the accused's guilt.
• Accused merits acquittal for the offenses charged.

Accused's Defense:

• DW1 and DW2's records fail to prove the marriage between the accused and the prosecutrix.
• DW3's testimony does not support the accused's defense.

Prosecution's Evidence:

• Lack of medical and forensic evidence connecting the accused to the crime.
• Prosecutrix's statements are inconsistent and unreliable.

Case Assessment:

• Prosecution's version is deemed unreliable due to contradictions in the prosecutrix's evidence.
• Defense of the accused, though unproven, gains credibility.

Witnesses:

• Critical witnesses like Ms. Simran and Mr. Ajay were not examined, weakening the prosecution's case.
• Failure to produce important witnesses hampers the case against the accused.

Investigation:

• Investigation process was testified by police witnesses and found to be conducted properly.
• Lapses in not involving crucial witnesses raise concerns about the thoroughness of the investigation.

Crime Elaboration:

• The prosecutrix's detailed account is crucial in establishing the nature of the crime and the accused's role.
• Focus shifts from investigation to the detailed testimony of the prosecutrix and other witnesses.

Prosecution Stance:

• Prosecution's failure to present key witnesses weakens the overall case.
• Case standing on its own legs requires robust evidence to prove the accused's guilt.

Two Stages of Prosecution:

• Emphasis on proving the commission of the crime and conducting a thorough investigation.
• Faulty investigation can impact the overall case despite detailed testimonies.

Investigation and Prosecution Evidence:

• Investigation lapses do not absolve the culprit of liability.
• The prosecution failed to explain the contradictions in the prosecutrix's statements.

Consent and Intention:

• Consent requires active will and understanding.
• Prosecution must prove accused had no intention to marry the prosecutrix.

Reliability of Prosecutrix's Evidence:

• The prosecutrix's inconsistent statements raise doubts on reliability.
• The conscience of the Court found prosecution evidence unreliable.

Legal Principles for Conviction:

• Legal tests for guilt must be fully established and conclusive.
• The accused was not found guilty based on evidence inconsistencies.

Onus of Proof and Conviction:

• Onus is on prosecution to prove accused guilty beyond reasonable doubt.
• The prosecution failed to meet the high standard of proof for conviction.

Verdict and Acquittal:

• Prosecution failed to prove charges of rape and promises of marriage.
• Accused merits acquittal for the charges under IPC sections 376 and 420.

Accused Acquitted of Charges:

• Accused Mr. Upender Dutt Sharma @ Goldi acquitted of charges for intoxication and rape.
• Evidence of prosecutrix deemed unreliable for conviction.

Public Outrage and Legal Constraints:

• Public outrage over perceived lack of rape convictions.
• Courts must adhere to legal evidence, not be swayed by emotions or media.

Redefining Terminology:

• Concept of 'rape survivor' for accusers gaining traction.
• Debate on addressing acquitted accused in such cases.

Implications for Acquitted Accused:

• Acquitted accused faces ongoing societal stigma and hardships.
• Potential for legal recourse against accuser for damages.

Need for Gender-Neutral Legal Protection:

• Call for laws protecting men from false accusations and persecution.
• Advocating for dignity and honor of men in legal discourse.