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RAPE
HC of DELHI at NEW DELHI

on

2017-01-09
Crl App No 1187 of 2013J.Mukta GuptaRaj Kumar vs StateIPC 376, 420, 468

Woman Can’t Cry Rape After Knowingly Marrying an Already Married Man : (1) the prosecution has not been able to prove that the prosecutrix did not know about the factum of marriage of Raj Kumar with Madhu when she performed marriage with Raj Kumar and he committed sexual intercourse with her on the false pretext of a legal wedding. Thus Raj Kumar is entitled to be acquitted in respect of offences punishable under Sections 420/376 IPC.

(2) It has been proved that the affidavit was duly signed by the appellant wherein he disclosed himself to be a bachelor thereby proving forgery, however, since the element of cheating was missing for the reason the prosecutrix was aware of the marital status of Raj Kumar, ingredients of Section 468 IPC are not fulfilled. Thus Raj Kumar is entitled to be acquitted for offence punishable under Section 468 IPC but liable to be convicted for offence punishable under Section 465 IPC which is a minor offence of Section 468 IPC and punishable with imprisonment upto two years.
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