The Madhya Pradesh High Court, while refusing to quash the FIR, held that acquiring consent of prosecutrix for sexual act, under the garb of false promise of re-employment, does not constitute “free consent” rather, amounts to consent obtained under misconception of fact.

The single-judge bench refused to quash the FIR filed by the receptionist against the Director of a hospital.

In the instant case, the victim alleged that she had received an appointment letter for the post of receptionist in a hospital by the director/accused of the hospital. According to the victim, the accused had violated her sexually on multiple occasions.

The prosecutrix further alleged that the accused sexually violated her on the pretext of giving her the job. The accused had also pressurized the prosecutrix to indulge in sexual activities with other persons as well. The prosecutrix disagreed for the same, and her services were terminated.

Later, on the pretext of reinstatement, the applicant/accused had again sexually violated her but did not give her the job.

Consequently, she lodged an FIR against the applicant/accused under Sections 294, 323, 376(2)(n), and 506 of Indian Penal Code, and under various provisions provided under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The bench reasoned its stand by stating that victim was an employee of applicant and applicant being the employer, had been in a position to dominate her wishes.

Furthermore, it observed that the consent, at the time of re-employment, had been acquired in light of misconception of fact (that she would be given the reinstatement) under Section 90 of IPC.

The bench therefore, ruled out all submissions of applicant and concluded that it failed to make out a case for quashing of an FIR.

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Randy Reid