Delhi High CourtCriminal LawCriminal Procedure and Evidence

Marriage to Third Party During Subsisting Fiduciary Relationship Establishes Grave Suspicion for Rape Charges Based on Deceit

Anuragv.State

Marriage to Third Party During Subsisting Fiduciary Relationship Establishes Grave Suspicion for Rape Charges Based on Deceit. Anurag vs State. Delhi High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

1. Whether the Trial Court erred in framing charges under Sections 376(2)(n) and 377 IPC despite the long-term consensual nature of the relationship.

The court held

The High Court dismissed the petition and sustained the charges framed under Sections 376(2)(n) and 377 IPC.

It also directed

The Court held that there was no patent perversity or jurisdictional error in the Trial Court’s order dated 30.11.2023.

The petitioner failed to demonstrate grounds for discharge, as the allegations and supporting materials (including hotel records and statements) were sufficient to proceed to trial.

All pending applications were also dismissed.

01Facts

The petitioner sought to set aside a Trial Court order dated 30.11.2023 which framed charges against him under Sections 376(2)(n) and 377 of the IPC.

p. 1, 2

The prosecutrix alleged that after meeting the petitioner on a matrimonial app in 2020, he established physical relations with her on the false promise of marriage.

p. 2

She further alleged that he subjected her to non-consensual unnatural sexual acts.

p. 2

On 05.03.2023, the prosecutrix discovered the petitioner had married another woman; however, a subsequent sexual encounter occurred on 09.03.2023, which the prosecutrix claimed was induced by petitioner's promise to divorce his wife.

p. 2, 4

The petitioner challenged the charges, arguing the relationship was long-term and consensual.

pp. 2-3

02Issues

i.1. Whether the Trial Court erred in framing charges under Sections 376(2)(n) and 377 IPC despite the long-term consensual nature of the relationship.

p. 2

ii.2. Whether the sexual encounter on 09.03.2023, occurring after the prosecutrix knew of the petitioner’s marriage, vitiates the claim of "false promise of marriage" for the purpose of discharging the accused.

p. 3, 5

iii.3. Whether the High Court should exercise its revisional jurisdiction to interfere with the Trial Court's prima facie assessment.

p. 6

03Law Applied

The Court applied Section 401 and 482 of the Cr.P.C. regarding revisional and inherent powers.

p. 1

Substantively, it applied Sections 376 and 377 of the IPC regarding rape and unnatural offences.

p. 2

Union of India v. Prafulla Kumar Samal establishes that at the stage of framing charges, the court must only perform a prima facie assessment to determine if "grave suspicion" exists, rather than conducting a "mini-trial".

pp. 5-6

Amit Kapoor v. Ramesh Kumar Chandra defines the narrow scope of revisional jurisdiction, limited to cases of manifest illegality or jurisdictional error.

p. 6

Provisions in the judgment · 6 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 161Section 164Section 401Section 482

Indian Penal Code, 1860 Section 376Section 377

04Reasoning

The Court observed that the prosecutrix made categorical allegations in her Sections 161 and 164 Cr.P.C. statements regarding non-consensual acts and a false promise of marriage.

pp. 4-5

The Court rejected the petitioner’s reliance on precedents where relationships were deemed purely "sour," noting that in this case, the petitioner allegedly concealed his marriage to a third party from the prosecutrix.

p. 6

The Court reasoned that the fact that the petitioner never divulged his marriage while maintaining the relationship created a "grave suspicion" of criminal intent.

pp. 5-6

Regarding the 09.03.2023 encounter and the related audio recordings, the Court held these are matters of trial and cannot be dismissed at the discharge stage.

p. 5

The Court concluded that since the evidence was capable of supporting the prosecution's view, a full trial was necessary.

p. 6

05Holding

The High Court dismissed the petition and sustained the charges framed under Sections 376(2)(n) and 377 IPC.

p. 7

The Court held that there was no patent perversity or jurisdictional error in the Trial Court’s order dated 30.11.2023.

pp. 6-7

The petitioner failed to demonstrate grounds for discharge, as the allegations and supporting materials (including hotel records and statements) were sufficient to proceed to trial.

p. 5, 7

All pending applications were also dismissed.

p. 7
Delhi High Court

Original Court PDF

AnuragvsState

Delhi High Court · July 17, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment