Allahabad High Court Clarifies Intent In “Mangbharai” Ceremony And Rape Allegation

Judgement Given On : 11/07/2021

Introduction

In a recent legal matter of Vikki v. State of U.P. & Anr., the Allahabad High Court issued a noteworthy order on August 11, 2021, dismissing an application seeking to quash a charge sheet or summoning order against the accused, Vikki. The case delved into complex questions surrounding consent, traditional ceremonies, and the implications of sexual relations in the context of alleged rape.

Background

The case revolves around allegations against Vikki, the accused, who, under the pretext of a marriage agreement, summoned the victim to a hotel room. The victim claimed that Vikki engaged in a physical relationship with her against her will, all while promising to marry her in the near future. A critical aspect of the case was Vikki’s performance of a ceremony known as “mangbharai,” a significant ritual in Indian tradition and customs. This ceremony, conducted under false pretenses, implied the consummation of marriage, leading the victim to believe in Vikki’s false promise.

However, complications arose when Vikki’s family, citing their tradition of not marrying into the victim’s family, refused to proceed with the marriage. Subsequently, Vikki faced accusations of rape, grounded on the assertion that he had engaged in sexual relations with the victim under false pretenses.

The High Court’s Detailed Observations

The Allahabad High Court’s judgment was underpinned by meticulous considerations:

  1. Awareness of Family Traditions: The court emphasized that an adult is expected to be well-versed in their family’s traditions and customs. At the time Vikki promised marriage, he was cognizant that, in accordance with his family’s customs, he would be unable to marry someone from the victim’s family.
  2. Significance of “Mangbharai” Ceremony: The court underscored the importance of the “mangbharai” ceremony in Hindu rituals and customs. This ritual signifies one person’s acceptance of another as their spouse. Vikki’s act of applying vermilion on the victim’s head was seen as an indication of his intention to portray her as his spouse.
  3. Intent and Motivation: The court clarified that an accused can be convicted of rape only when it can be proven that their intent was malicious, driven by clandestine motives. While these aspects would undergo further scrutiny during the trial, the court noted that prima facie, Vikki’s awareness of his family’s traditions and the act of applying vermilion suggested specific intentions.
  4. Absence of Evidence of Deep Affection: The court found no material evidence supporting the claim that the victim was deeply in love with Vikki. It emphasized that prosecution should not be pursued when there is mutual affection and willingness between the involved parties.

Conclusion

The Allahabad High Court’s judgment in this case delves into the intricacies of intent in rape cases. It highlights that sexual relations, even if causing discomfort or based on false promises of marriage, may not necessarily amount to rape unless malicious intent is substantiated. The court’s interpretation of the “mangbharai” ceremony as an indicator of intent adds complexity to the case. This decision prompts significant inquiries into matters of consent, tradition, and the nuances of the law concerning sexual assault. It reinforces the importance of scrutinizing intent in such cases, providing a detailed legal perspective on a complex matter.