Introduction:

In a recent case adjudicated by the Madras High Court accused was acquitted of charges under IPC Sections 375 and 376, among others, in a matter involving allegations of sexual offences against him. The case revolved around allegations that accused, despite being married, had engaged in a physical relationship with the victim under false promises of marriage.

Arguments Presented:

Counsel for accused, Mr. R. Karthik, argued that the victim had consented to the relationship with full knowledge of accused marital status and thus, the charges of rape and related offences were not applicable. The defence emphasized that there was no evidence to suggest that Gandhi had misled the victim about his marital status or that her consent was obtained under false pretenses.

In contrast, the prosecution, represented by Mrs. G.V. Kasthuri, argued that Gandhi had indeed promised marriage to the victim, leading her to consent under a misconception of fact. The prosecution contended that despite the victim’s awareness of Gandhi’s marital status, his promise of marriage created a false impression that she would be wedded to him, which influenced her consent.

Court’s Judgment:

The Madras High Court, in its verdict, highlighted the two-fold duty of the court: to prevent the misuse of women and ensure that laws are not misused against men. Justice M. Dhandapani observed that while the victim was aware of Gandhi’s marital status and therefore could not claim a misconception of marriage, there was insufficient evidence to prove that her consent was obtained under false pretenses. The court noted discrepancies in witness testimonies and concluded that the prosecution had failed to establish Gandhi’s guilt beyond reasonable doubt.