Having Sexual Intercourse on the False Promise of Marriage does not amount to Rape

The Orissa High Court judgment was delivered in an exceedinglycase involving a youth who was arrested on a woman’s complaint that he made her twice terminate her pregnancy despite having promised to marry her.
Having sexuality on the false promise of marriage doesn’tamount to rape, the Orissajudicature ruled on Saturday while setting aside the order of a inferior court on the difficulty of arrest of a youth for allegedly raping a 19-year-old girl.

Under the law, a person are oftenconvicted of rape if it’s established that he had sexuality with a girl on the pretext of a false promise of marriage.

In its judgment, the HC said many of the complaints come from socially disadvantaged and poor segments of the society and rural areas, women from these sections are often lured into sex by men on false promises of marriage then dumped as soon as they get pregnant.

“The rape law often fails to capture their plight. The law is well settled that consent obtained on a false promise to marry isn’t a legitimateconsent. Since the framers of the law have specifically provided the circumstances when ‘consent’ amounts to ‘no consent’ in terms of Section 375 of IPC, consent for the sexual act on the pretext of marriage isn’t one in every of the circumstances mentioned under Section 375 of IPC.

The court, however, said the factual matrix of the case relies on a clearview supported records, as such a lot of aspects of the matter requirea radical trial and till that point the advantage of bail deserves to be passed on to the accused.