1995 (12) TMI 420 - SC - Indian Laws

Summary

Issues Involved:
1. Allegations of false promise of marriage and subsequent sexual exploitation.
2. Induced abortions under false pretenses.
3. Legal validity of the alleged secret marriage.
4. Criminal proceedings under Sections 312, 420, 493, 496, and 498-A of the Indian Penal Code.
5. Maintenance during the pendency of the criminal case.
6. Jurisdiction of the Supreme Court to award interim compensation.

Issue-wise Detailed Analysis:

1. Allegations of False Promise of Marriage and Subsequent Sexual Exploitation:
The complainant, a student, alleged that the accused, a lecturer, developed a romantic relationship with her under the false assurance of marriage. The accused visited her residence frequently and declared his love in November 1989. He allegedly promised marriage to procure sexual intercourse deceitfully. The complainant stated that this led to a prolonged relationship, during which she became pregnant twice.

2. Induced Abortions Under False Pretenses:
The complainant asserted that she was coerced into undergoing abortions twice-once in October 1993 and again in April 1994-under the pretext that childbirth would prevent the accused's parents from accepting her as their daughter-in-law. The accused allegedly signed the consent forms for the abortions under a false name, further demonstrating his deceitful intentions.

3. Legal Validity of the Alleged Secret Marriage:
The complainant claimed that the accused performed a secret marriage ceremony by applying vermilion on her forehead in front of the God he worshipped. She believed this act constituted a lawful marriage. However, the accused later denied the validity of this marriage, stating it was merely a pretext to manage the situation.

4. Criminal Proceedings Under Sections 312, 420, 493, 496, and 498-A of the Indian Penal Code:
The complaint was registered under these sections, which pertain to causing miscarriage, cheating, cohabitation caused by a man deceitfully inducing a belief of lawful marriage, marriage ceremony fraudulently gone through without lawful marriage, and cruelty by husband or relatives of husband, respectively. The accused sought to quash the complaint, but the High Court dismissed his petition, and the Supreme Court upheld this decision.

5. Maintenance During the Pendency of the Criminal Case:
The Supreme Court took suo motu notice and issued a notice to the accused to show cause why he should not pay maintenance to the complainant during the pendency of the criminal proceedings. The accused, in his affidavit, denied the allegations and stated that he was unemployed after his termination from Cachar College. Despite this, the Court examined the necessity of interim maintenance.

6. Jurisdiction of the Supreme Court to Award Interim Compensation:
The Supreme Court highlighted its broad jurisdiction under Article 32 of the Constitution to enforce Fundamental Rights, which includes the power to award compensation for their violation. The Court referred to its inherent jurisdiction to pass orders for complete justice and cited precedents where it had awarded compensation for violations of Fundamental Rights.

Conclusion:
The Supreme Court, considering the prima facie evidence and the serious allegations against the accused, directed him to pay Rs. 1,000 per month as interim compensation to the complainant during the pendency of the criminal case. The Court also mandated the payment of arrears from the date of the complaint's filing. This interim order was made without prejudice to the final decision of the Magistrate based on the evidence presented during the trial.