MAHAMMAD KAMRUZAMA IBRAHIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is filed by the petitioner - accused challenging an order passed by the Special Judge and 13th Additional Sessions Judge, Surat dtd. 13/10/2022 below Exh.8 in Sessions Case No.546 of 2022 whereby discharge application preferred by the petitioner - accused came to be rejected.

(2.) Mr. Mrudul Barot, learned advocate for the petitioner - accused, submitted that any physical relationship entered into between the first informant and the accused was alleged to be under false promise of marriage and according to his submission in view of the decision in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra reported in (2019) 9 SCC 608 cannot be said to be an offence of rape for which the petitioner - accused is required to be prosecuted. He has further submitted that as such the petitioner - accused is honey-trapped by the first informant for which he has filed complaint prior to the present FIR. He has further submitted that all those complaints filed have been settled between the parties on payment of an amount, and therefore, he has submitted that since there is no case made out against the petitioner - accused, he may be discharged from the case.

(3.) Having heard learned advocate for the petitioner - accused and going through the impugned order as also the documents annexed with the petition, it appears that there exists more than prima facie case against the petitioner - accused for the offence alleged against him. As such, as held by the learned Judge, at page 8 last paragraph, not only the false promise to marry was given, physical relationship was entered into against her wish. She has already mentioned the same about her express refusal of consent. The petitioner - accused has even after the promise married with someone else. He has not stopped thereafter. He again contacted the first informant, lured her that his marriage is against his wish and he does not like that girl and since as per 'shariat' he can marry twice, he wants to marry her again and he started contacting her and having physical relationship, which is nothing but with a lust and not consent, as claimed by the petitioner - accused. Even he has gone to abuse her when it was revealed that she is pregnant out of the physical relationship.