Supreme Court Suspends Sentence of Rape Convict After Victim Expresses Willingness to Marry Him
May 15, 2025 | Literal Law
The Supreme Court of India on Thursday suspended the sentence of a man convicted of rape and cheating, after both he and the prosecutrix expressed their unequivocal willingness to marry each other.
A Bench of Justices BV Nagarathna and Satish Chandra Sharma passed the order after an in-chamber interaction with the parties. During the hearing, the Court also asked the couple to exchange flowers inside the courtroom as a symbolic gesture of mutual consent and reconciliation.
“We met the parties in-chamber in the lunch session. The parties have both unequivocally expressed their desire to marry each other,” the Bench observed.
The Court proceeded to suspend the petitioner’s sentence, stating:
“They (rape accused and victim) are willing to marry each other. The details of the marriage shall be worked out by the respective parents. We hope that the marriage takes place as expeditiously as possible. In such circumstances, we suspend the sentence and release the petitioner.”
The Court clarified that the petitioner must return to judicial custody and will be produced before the concerned sessions court at the earliest. It further directed that the sessions court shall release the petitioner on bail, subject to conditions it finds appropriate.
The matter is scheduled for the next hearing on July 25, 2025.
Case Background
The petitioner had been convicted by a Madhya Pradesh trial court under:
- Section 376(2)(n) of the Indian Penal Code (IPC) for repeated rape, and
- Section 417 IPC for cheating.
The trial court had sentenced him to 10 years of rigorous imprisonment under Section 376(2)(n) and 2 years under Section 417.
According to the prosecution, the accused and the prosecutrix became acquainted through Facebook around 2016, as she was a friend of his sister. They developed a romantic relationship during which the accused allegedly established physical relations with her on multiple occasions under the promise of marriage. The FIR filed in 2021 alleged that when the woman finally asked the man to formalize the relationship, he declined, citing his mother’s opposition.
The Madhya Pradesh High Court had, on September 5, 2024, rejected the accused’s plea under Section 389(1) CrPC for suspension of sentence pending appeal. The petitioner then approached the Supreme Court seeking relief.
