There are several judgements in this case which defines very clearly that a full-grown girl who understand the nature and consequences of the act, cannot claim the same act as rape which she herself enjoyed multiple times.
With evolving times we have forgotten to understand the need of amendments in the law which march towards equality than bias. If for a girl, her virginity is so sacred, then it is her obligation to safeguard it.
If a boy promises her to marry then can we say that based on that promise alone shw would agree to give away her sacred virginity? The answer is no. Let me explain.
Situation - I
Suppose, a man approaches a girl with a proposal of marriage and she accepts it. Does this acceptance anywhere includes condition to have s*x or not to have s*x? Now if the couple engages into s*xual intercourse, then the girl cannot invoke the "promise of marriage" philosophy to trap the boy.
Situation - II
Suppose, a man approaches a girl with friendly proposal and tries to get physical with her and she rejects it. Then the boy hatches a plan and promises her that he would marry her and she accepts. Then they have s*xual intercourse. This clealry indicates that the boy had no intention to marry but only had lust in his mind. In this case the girl must be assisted by the law and justice delivered by punishing the accused.
Situation - III & IV
Suppose the above two situations are converse and it's the girl who approaches the boy. What is the recourse for the boy? Are we in India of the view that the body of only a female is sacred but that of the boy can be misused?
We have to underdstand that "Promise of marriage" and "Sex" are two distinct acts. Whenever one of the two is performed, the other act is not in the mind of either of the two. Hence at a later stage these two cannot be put together just to take revenge or to coerce the boy to marry the girl. Unless the prosecution cannot show that the boy never intended to marry the girl and that the girl allowed s*xual advances only based on those false promises, no case should be allowed to be registered. Mere verbal statements should not be taken as proofs in such cases because in modern times like today, girls do not feel fear of loosing their status by going to courts. There are so many cases where girls drag boys to the girl and it is only fallacy to believe that a girl would speak only gospel truth.
There are instances in cases of 498a where lawyers and police teached the complainant to lie in the court and trap the accused with their false allegations. Can we say that such suggestions wouldn't be given in these case also? Can we say that girl would never lie?
Every doubt in a case has to go in favor of the accused. The citations to support my contention is:
- Uday v/s State of Karnataka
- Dilip Kumar v/s State
- Pradeep Kumar v/s State of Bihar
- Jayanti Rani Panda v/s State of West Bengal