Few more question to @Author::
What difference does it make if you have or do not have s*x before marriage is the intention is only to marry and not enjoy the pleasure? Why did you kept the proofs hidden with you and allowed this boy to exploit you and candidly you are using these proofs now when he has retracted?? Were you anticipating that one day he would retract from his promise?? If so, then why you allowed him to exploit you multiple times?
Apart from post, following is my observation about such cases in general::
Moreover, other than having s*x, what all other acts does such girlfriends do with the boy to show that she was under an impression to get married to the boy. If the girl behaves just like a girlfriend but thinking about marriage the only act she does is s*x, then I reasonabally believe, it's promiscuity on the part of the girl.
We should not mix emotions into law. Law punishes illegal act not immoral act.
Following is an abstract from Pradeep Kumar Verma V/s State of Bihar (dt.17/08/2007) Supreme Court::
10. In most of the decisions in which the meaning of the expression consent under the IPC was discussed, reference was made to the passages occurring in Strouds Judicial Dictionary, Jowitts Dictionary on English Law, Words and Phrases, Permanent Edn. and other legal dictionaries. Stroud defines consent as an act of reason, accompanied with deliberation, the mind weighing, as in a balance, the good and evil on each side. Jowitt, while employing the same language added the following:
Consent supposes three things a physical power, a mental power and a free and serious use of them. Hence it is that if consent be obtained by intimidation, force, meditated imposition, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind.
11. In Words and Phrases, Permanent Edn., Vol. 8-A, the following passages culled out from certain old decisions of the American courts are found:
.adult females understanding of nature and consequences of s*xual act must be intelligent understanding to constitute consent.
Consent within penal law, defining rape, requires exercise of intelligence based on knowledge of its significance and moral quality and there must be a choice between resistance and assent
12. It was observed in Uday v. State of Karnataka (2003 (4) SCC 46) as under:
12. The courts in India have by and large adopted these tests to discover whether the consent was voluntary or whether it was vitiated so as not to be legal consent.
13. There is a good analysis of the expression consent in the context of Section 375 IPC in Rao Harnarain Singh Sheoji Singh v. State. (AIR 1958 Punj 123). The learned Judge had evidently drawn inspiration from the above passages in the law dictionaries. The observation of the learned Judge is as follows:
there is a difference between consent and submission and every consent involves a submission but the converse does not follow and a mere act of submission does not involve consent,
14. The said proposition is virtually a repetition of what was said by Coleridge, J. in R. v. Day (173 E.R. 1026) in 1841 as quoted in Words and Phrases (Permanent Edn.) at p. 205. The following remarks in Harnarains case (supra) are also pertinent:
Consent is an act of reason accompanied by deliberation, a mere act of helpless resignation in the face of inevitable compulsion, non-resistance and passive giving in cannot be deemed to be consent.
The above abstract clearly shows that a full-grown adult girl who completely understands the morality and consequences of the act, is grown up enough to form and give valid consent as per law.
Even if in a case, a boy promises a girl of marriage and asks for s*x, then what is the reason for the girl to agree to his advances? Why the girl does not put that OFF? When after such promise, the girl could also demand to meet his parents, take the boy to meet her parents and similarly take part in all family functions like a future wife, but candidly she only acts like future wife when in bed, but not otherwise!!! WHY? It casts heavy doubt on the intention of the girl!!
//peace
/Saurabh..V
