Civil Procedure Code (CPC)

Can physical relation under mutual consent amounts to Rape


Sexual relations on false promise of marriage not rape: HC

July 23, 2010

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.

 
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Legal Consultant

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 line it means according to these few facts in your query, it does attract RAPE...

 
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Legal Consultant

 

No its not cover under rape as per section 375 of IPC means-  If women is not major and you do s*xual intercourse with her or with out her consent or by forcefully  then its called Rape..

But in your case its not cover under rape.

 
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writer & an editor

I completely agree with adv. rajeev (Rajoo)

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.

 
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translator

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.


Total likes : 1 times

 
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UNEMPLOYED

i agree with mr rajoo, mr arvinthan and mr madan singh tanwar.

an adult girl of 18 has the right to consent on s*x, but if the  consent given under the promise of solemnization of marriage, then it may be treated as rape.

for acquital it has  to be proved that there was no promise of marriage.

 
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lawyer

the girl can plead that she had s*x with him on the promise that he wud marry her but for that she wud not have permitted him can give rise tto 376

 
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UNEMPLOYED

girl can plead that she had s*x with him on the promise that he wud marry her

 

-----   NOW A DAYS THESE ARE HAPPENING.

MUTUAL UNDERSTANDING CLAIMED AS A FALSE PROMISE OF MARRIAGE.

SOMETIMES OFFER FROM THE GIRL, IS BEING  USED AS A FALSE PROMISE OF MARRIAGE, WITH INTENTION TO BLACKMAIL TO THE BOY.

 
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physical relation under mutual consent is NOT amount to rape , but mutual consent upon false promise/ marriage is covered us-375 IPC its rape

 
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ha21@rediffmail.com Mumbai : 9820174108

In context to the subject matter (Topic),  please check out this link, for a general understanding on Rape :

 

http://www.lawyersclubindia.com/forum/Re-Re-Rape-Sometimes-YES-Somestimes-NO-SC-HC-21834.asp

 

Keep Smiling .... Hemant Agarwal

 
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