9 months, 3 weeks ago

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable

The Madhya Pradesh High Court has recently quashed a FIR registered for rape and criminal intimidation since the prosecutrix's version that she was forcefully raped repeatedly did not instil confidence in the context of her marriage with the accused. The single-judge bench of Justice Vishal Dhagat held that the prosecutrix's failure to lodge a FIR despite repeated acts of alleged rape seemed doubtful. The single-judge bench highlighted how the prosecutrix's version stated that she had never consented to sexual intercourse by believing the false promises of marriage made by the accused on several occasions. Observations Since the prosecutrix had also alleged that rape was committed on her prior to the marriage, the court clarified that the accused would not be absolved by exception 2 under Section 375.

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