Bhupinder Singh Vs UT of Chandigarh
2008 AIR SCW 4850
[Rape]
Facts
The complainant worked as a clerk and commuted daily. The accused worked in a bank and built intimacy with the victim before proposing, revealing he was single. The accused wanted her to get married quickly at a Gurudwara with a simple ceremony. He mentioned that her parents could approve later, and they could celebrate the marriage with a big event afterwards. She agreed to his request. Later, the couple conceived a baby, and years later, it was discovered by the victim that the accused was already married and had not divorced the previous wife. After getting to know of his prior marriage, she still maintained sexual relations with the accused and later lodged a complaint for the offence of Rape.
Issue
Should the respondent be found guilty of violating sec. 64 and 63 of the BNS and had committed Rape?
What is Sec. 64 of the Bhartiya Nyaya Sanhita says?
Anyone who commits Rape, unless it falls under the exceptions outlined in sub-section (2), will face rigorous imprisonment for a minimum of ten years, which can extend to life imprisonment, and may also be subject to a fine.
Judgement
The Court determined that the matter at issue was covered by Section 375 IPC Clause “Fourthly,”. And that the defendant was thus guilty of the offence and liable to punishment under Section 376 IPC. As a result, the conviction was maintained in its entirety. But taking into account the fact that the complainant had knowledge about his marriage and had yet surrendered to him for sexual intercourse, held this to be a fit case for reduction of sentence and award of adequate compensation.
Really informational post.
Thank youuuuuu