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Jaspal Singh Kaural v. The State of NCT of Delhi

Criminal Appeal · 2025 INSC 457Decided 7 Apr 2025
Crl.A. No.-001841-001841 - 2025 (arising from SLP(Crl.) No. 4007 of 2024)
Mrs. Justice B.V. Nagarathna · Justice Satish Chandra Sharma

Background

The complainant alleged that the appellant, whom she had known since 2011 and reconnected with in 2016 after both their marriages became unstable, established a physical relationship with her on the promise of marriage after he obtained a divorce. She alleged he lived with her for 25 days, pressured her into obtaining her own divorce, and later refused to marry her. An FIR was registered under Sections 376/506 IPC. The Sessions Court discharged the appellant, finding insufficient material to frame charges, but the Delhi High Court, exercising revisional jurisdiction, set aside the discharge and directed charges be framed.

Decision Breakdown

The Supreme Court held that at the stage of framing charges, courts must only assess whether the material on record, taken at face value, discloses the ingredients of the alleged offence: a "mini trial" is not permissible. Applying established precedent on distinguishing a genuine false promise to marry from a case where a relationship simply broke down, the Court found the FIR and chargesheet did not establish the necessary ingredients of rape or criminal intimidation. It held that the High Court's revisional interference was unwarranted since revisional jurisdiction is to be exercised sparingly, and restored the Sessions Court's order discharging the appellant, effectively terminating the criminal proceedings.

Lesson Learnt

Not every failed relationship or broken promise of marriage between consenting adults amounts to the criminal offence of rape. Courts must distinguish a case of genuine sexual exploitation through a false promise from a relationship that simply did not work out, and a discharge order should not be lightly disturbed on revision unless it is genuinely unsustainable on the record.

Official source (sci.gov.in)View Judgment (PDF)

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