Penal Code, 1860–Sec. 376 [ Corresponding Sec. 64 of BNS, 2023]–Constitution of the offences on the pretext of false promise of marriage–Scope of–Complainant is a married lady with a ten years old child–Divorce proceedings are currently pending adjudication between her and her husband–By no stretch of imagination, it can be held that she was eligible for being married with the accused-appellant on the date on which the first of the multiple instances of acts of rape on the false pretext of marriage was committed by the accused-appellant–It cannot be accepted that there was a false promise of marriage–Further, the complainant is a thirty-three years old woman and an advocate by profession and not a naive or gullible woman, incapable for taking decisions for herself–FIR and subsequent criminal proceedings cannot be allowed to be continue–Quashed.
