State Of U.P vs Naushad

3. The brief facts of the case are stated hereunder to examine the correctness of the findings recorded by the High Court in reversing the judgment of the trial court. The accused- Naushad is the son of the maternal uncle of the prosecutrix – Shabana’s father - who is the informant. The informant complained that Naushad used to visit their house often and enticed his daughter - Shabana and cheated her, promising to marry her and had regular sexual intercourse with her on this pretext. The informant came to know about this when his daughter narrated to her mother how she was raped and she got pregnant. The complainant along with his wife went to complain to the parents of the accused, Irshad and his wife and told them that their son-Naushad raped their daughter-Shabana by giving a false promise of marriage and she has become pregnant. Irshad and his wife accepted their fault and promised to punish Naushad. A Panchayat was held a day before lodging the report when Irshad and his wife offered [pic]10,000/- to [pic]20,000/- to them and said that they will not marry their son with Shabana. The informant alleged that Irshad and his wife even threatened to kill him if any action is taken. On the basis of this information given by Irshad, case crime no. 115 of 2003 was registered at P.S. Kotwali Nagar in Muzaffar Nagar. After investigation, the Investigating Officer arrested Irshad and Naushad. Shabana was sent for medical examination and the report was submitted by Dr. Abha. After the charge sheet was submitted, the case was committed to the Sessions Court. The Sessions Judge framed charge under Section 376, IPC against Irshad and Section 376 read with Section 109, IPC against Naushad and both were further charged under Section 506, IPC. The Sessions Judge held the accused Naushad guilty of the charge under Section 376 and convicted him, sentencing him to imprisonment for life. Being aggrieved by this, the accused filed an appeal before the High Court. The High Court allowed the appeal and held that the prosecution had failed to prove its case beyond reasonable doubt and the order of conviction and sentence of the accused respondent was set aside and he was directed to be released forthwith. Against the reversal of conviction and sentence of the accused by the High Court, the appellant - State has filed the present appeal.

10. We will answer point nos. 1 and 2 together as they are related to each other. Section 376 of IPC prescribes the punishment for the offence of rape. Section 375 of the IPC defines the offence of rape, and enumerates six descriptions of the offence. The description “secondly” speaks of rape “without her consent”. Thus, sexual intercourse by a man with a woman without her consent will constitute the offence of rape. We have to examine as to whether in the present case, the accused is guilty of the act of sexual intercourse with the prosecutrix ‘against her consent’. The prosecutrix in this case has deposed on record that the accused promised marriage with her and had sexual intercourse with her on this pretext and when she got pregnant, his family refused to marry him with her on the ground that she is of ‘bad character’.

12. The answer to point no.3 is pertaining to the question of sentence awarded by the trial court to the accused. The trial court has justified in awarding of maximum sentence of life imprisonment to the accused under Section 376 of the IPC on the ground that the facts of this case are of a very grave nature. The accused being related to the prosecution used to often visit her house and took undue advantage of this relationship and kept the prosecutrix under the misconception that he would marry her and committed rape on her for more than two years thereby making her pregnant. In such circumstances, the trial court held that it would be justifiable to award the maximum sentence to the accused. We, therefore, hold that the trial court was correct in awarding the maximum sentence of life imprisonment to the accused as he has committed a breach of the trust that the prosecutrix had in him, especially due to the fact that they were related to each other. He thus invaded her person, by indulging in sexual intercourse with her, in order to appease his lust, all the time knowing that he would not marry her. He committed an act of brazen fraud leading her to believe that he would marry her.

14. In view of the foregoing reasons, this appeal is allowed. The judgment and order of the High Court is set aside and the conviction and sentencing of the accused by the trial court under Section 376 of the IPC is upheld. The accused-respondent is found guilty of the offence of rape as defined under Section 375 of the IPC and is sentenced to imprisonment for life under Section 376 of the IPC. The accused-respondent is directed to surrender before the trial court within four weeks.