NAGPUR: The Bombay High Court has ruled that s*xual relationship with a woman on a false promise of marriage does not amount to rape.
Acquitting a Yavatmal man in a rape case, the single bench High Court here observed that s*xual relationship after promising marriage and reneging on it does not amount to rape.
Justice Ambadas Joshi set aside the Yavatmal Session Court order convicting Sandip Rathod (now 42) under IPC section 376 (rape). The victim was allegedly 16 years old in 1996.
The court said the victim's age has been proved to be around 18 when the incident occurred.
Rathod, then 30 years old, was serving at a forest office near the victim's house. He developed physical relations with her and promised marriage. She informed her parents when she became pregnant and Rathod was arrested following a complaint lodged by her parents.
Charged with repeatedly having s*xual relations with an then "underaged" girl on and before November 11, 1996, the sessions court sentenced him to 10-year rigorous imprisonment.
Two years later, the convict moved the High Court.
It is just a matter of proving the actual side of the story... if defense is able to prove a VALID CONSENT then acquittal is confirmed but valid consent in itself means consent taken without misrepresentation or fraudulent intention or undue influence etc... The promise of marriage may amount to fraud... i do not know where your friend resides so i cannot count on the Bombay High court judgment as the views of various High courts may differ in this regard.....In one lineit means according to these few facts in your query, it does attract RAPE...
Even I am very much aware that a man having s*x with a girl after obtaining her consent on the promise of a marriage does not necessarily constitute rape even if he retracts on his pledge & it should not be considered as rape but; "Are there any straitjacket formula for determining whether consent given by the girl was voluntary or consent was obtained by coercion or threat or it was given under a misconception of fact?"
for retaliation & to cover up her indiscretion she easily can get your colleague booked not only under IPC Sections 376 IPC (rape) she can add 406 (breach of trust) moreover as a tool of revenge she also may allege pervert s*x or anything like if this spurned lady wants/ swearing to sue your colleague.
Indeed, these laws are quite absurd. Enjoying with a girl after promising marriage is inded fraud, cheating etc but it is not rape. However, Indian cops misinterpret laws to suit their convenience and harass men. There is a lot of hypocrisy in Indian society, claiming that all enjoyment of s*x is a sin while bonking away on the sly like rabbits in a hutch. Indian women never go for consensual s*x for their own bodily pleasure, in fact they are so virtuous that they are devoid of all s*xual feelings.
What is real rape? I remember reading about Pakistani Punjabi military forcing themselves on young Bangladeshi girls, many of them ended up pregnant. This is the reality of rape with the victim fighting for her honour, with whatever feeble strength she may have. Hot blooded young women getting themselves groped and then crying foul hardly come under this category.