The Delhi High Court has said that having sex by promising marriage is not a rape if the woman agrees to have sex with her will for a long time. The woman had raped the man after months of having a physical relationship with a man.
The Delhi High Court dismissed the rape case saying, “The promise of marriage cannot be lured for sex if it lasts for a long and indefinite period.” Justice Vibhu Bakhru said that making sexual relations by making false promises of marriage can be called greed if the victim succumbs for a moment.
He said, “In some cases, the promise of marriage can be a greed to have a physical relationship. However, the greed does not wish to live up to its point. Giving of this kind of greed can give consent at any moment. Go while the other party (woman) wants to refuse sex. “
The court said that the false promise of marriage with the intention of preparing the woman for sex is misuse of the consent of the woman and only those cases are covered under rape under section 375 of Indian Penal Code.
The court further said that if such close relationships have been prolonged, including physical relations, it cannot be assumed that it did not involve the will and love of the woman and only by making a false promise of marriage to the woman Was prepared for.
Justice Bakhru upheld the decision of the trial court which acquitted the person from the charge of rape. The woman alleged that the man made a physical relationship with her for a long time by making false promises of marriage and then left her for another woman.
The High Court said that in this case it is very clear that the woman made a physical relationship with the person at her own will because the woman really loved the person. The lower court had said in its judgment that the consent of the woman was not accepted by her in order to have a physical relationship with him, the conversation about marriage took place much later.
The High Court stated that the woman had stated in her complaint that she had physical relations with the accused and that after three-four months the man had promised marriage and the woman had eloped with him. According to the court, the woman’s statement that her consent for sex was obtained by promising marriage, cannot be considered correct.