Pavishyaa KS, BBA.LLB (Hons.), Alliance University
CRIMINAL APPEAL NO. 635 OF 2020 (Arising out of SLP (Crl.) No.393 of 2020)
FACTS:
The prosecutrix and the appellant belonged to different religions, resided in the same village Basjadi and were known to each other, and were in a relationship of four years. Their relationship started when the appellant pointed a knife at the prosecutor and committed rape on her. Upon the incident, the prosecutrix went crying home. The appellant was asked about the incident and stated that he would marry her and both the families of the appellant and prosecutrix exchanged gifts. Over the years the young couple being deeply in love encouraged into physical relationship on various occasions and exchanged letters as any other couple, the prosecutrix also stayed for fifteen days in the appellant’s house. An engagement ceremony had also been performed. The problem arose when the place of the marriage to be solemnized was to be decided as to whether the marriage was to be performed in church as the prosecutrix belonged to a Christian community or in a temple as the appellant belonged to a scheduled Tribe. The prosecutrix filed FIR against the appellant stating the appellant cheated on her by having a physical relationship in the promise of marriage when she found that the appellant was going to solemnize his marriage with another girl. All efforts at a compromise were unsuccessful.
