The Delhi High Court in its recent judgement has observed that sexual intercourse on a promise of marriage does not establish that the woman has been raped, if she herself continues to have a consensual physical intimacy in a relationship over a considerable period of time.
The Court quashed a case of rape filed by a woman who occasionally had a physical relationship with the accused man, for months. During the trial, the court stated,
A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time.
Justice Vibhu Bakhru observed the arguments put on record and stated that physical relationships could be said to be misled on the pretext of marriage, only if the victim believes it instantaneously. Elaborating on the same, the court said,
In certain cases, a promise of marriage may induce a party to agree to establish sexual relations, even though the party does not desire to consent to the same.
Such inducement in a given moment may elicit consent, even though the concerned party may want to say no.
Hence, only in such cases, a false promise to marry with the intention of taking advantage of the other party “may vitiate consent and, thus, constitute an offence of rape under Indian Penal Code section 375.”
The court also remarked that contrary to this situation, when there is a persistent intimate relationship, “which also involves engaging in sexual activity over a significant period of time,”; such a case cannot be viewed as “involuntary and secured not by affection but only on the lure of marriage,”.
Background
The court was hearing an appeal by the woman who had claimed that the alleged accused had cheated on her. She also blamed the man to have had repeated physical relations with her by making a false promise of marriage and then, had left her for another woman.
The man was declared not guilty by Justice Bakhru after upholding a trial court order. The high court on the other hand stated that it was apparent that the woman agreed to physical relations on her own will and harmony as her affection for the man was sincere and honest.
The court also observed that her consent for physical relations was not undertaken by making any promise for marriage, and if there were any talks about marriage, it was only at a later stage.
The court also pointed out that the woman, in her statement, had mentioned that she was in a physical relationship with the accused in 2008. After 3-4 months of their relationship, they had spoken about marriage with each other. Since he had promised to marry her, she also eloped with him. The court concluded,
In view of the said statement, the woman’s allegation that her consent to engage in sexual activity with the accused, is vitiated, as the same was secured on a promise to get married, is not sustainable.
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