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N.K.Assumi (Advocate)     04 February 2010

Sex before marriage is Rape says Delhi HC, is it right?

The High Court of Delhi, ruled that s*x before marriage is rape: Do you agree. LCI members please comment.



 103 Replies

Ashish M (Chartered Accountant)     04 February 2010

can u refer the judgement.? This must be a conditional sentence.!!!!!

N.K.Assumi (Advocate)     04 February 2010

It was announce in this forum.

N.K.Assumi (Advocate)     04 February 2010

Go to Criminal forum, it is there.

DR.SANAT KUMAR DASH (Eye Specialist)     04 February 2010

 NR. ASSUMI,        PLEASE      ELABORATE      THE         JUDGMENT     SO       THAT        MEMBER   CAN      ANSWER

A Truthseeker ( A retired Indian citizen)     04 February 2010

it is difficult to make any comment without going through the judgment. if two unmarried man and woman both voluntarily cohabit when they both are adult in the eye of law , can it be termed as rape?

N.K.Assumi (Advocate)     04 February 2010

Once again, please go to criminal forum, it is there.

N.K.Assumi (Advocate)     04 February 2010

Go to news and updates of this forum, it is there.

N.K.Assumi (Advocate)     04 February 2010

It is there in this forum in Criminal section; just click criminal section of this forum.

N.K.Assumi (Advocate)     04 February 2010

New Delhi: The Delhi high court on Monday held that s*x without marriage amounted to rape.
 

The court rejected pre-arrest bail to a man who repeatedly had s*x with a woman but refused to marry her even after their engagement.


 

The woman stayed with her fiance, Nikhil Prasar, in Mumbai for a few days, “where they had fun, and then went to Delhi and stayed in a hotel where they had s*x”.


 

When it came to fixing a date for marriage, however, Nikhil refused, on the grounds that he had learned that she belonged to a different caste.


 

The woman complained to the police and a rape case was registered.


 

Justice VK Jain said the caste factor was an afterthought by Prasar, who then absconded. Could he marry “any girl merely because she belonged to a particular caste or sub-caste, even if he did not approve of her personality, temperament, education, culture, upbringing, and family background", the court asked.


 

“The answer can, obviously, be in the negative," justice Jain said.


 

He said it appears that the man did not intend to marry the woman and that was why he did not wait for s*x even till his formal engagement with her.


 

If he were so orthodox and conservative that he broke the marriage owing to caste differences, he should not have hurried in for s*xual intercourse before marriage, the justice said.


 

The court held that if it was not held as rape, it would “result in unscrupulous and mischievous persons taking undue advantage of innocent girls by promising marriage with them".


 

Sexual intercourse before marriage amounts to rape or it will result in victimisation or exploitation of innocent girls, justice Jain said.


 

N.K.Assumi (Advocate)     04 February 2010

Please comments.

Suchitra. S (Advocate)     04 February 2010

Assumi Sir. it is me who has given that  news item in "news" section. But let me clarify that I dont know about the case law in which it is told, as I had read that in the "DNA" daily news paper. It was given there, that Delhi HC has made a ruling to that effect. We have to search for the case law if we are particular about it, but to post in the news section , I thought the news item for the day is enough. Please excuse me if you find I am wrong.

1 Like

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     04 February 2010

Yes!!!!! According to me this is rape. Absolutely true. I m with Hon'ble Justice jain

Anish goyal (Advocate)     04 February 2010

Assumi sir i will like to say that as per the news the judgement is on anticipatry bail. Court wouldn't have comment on the merit of the case. But has seen whether there is prima facie case or not.

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     04 February 2010

I fully endorse the views of Mr Wilson George. No further required to say. He commented on the said judgement posted by Suchitra maam. Hon'ble Justice jain has adopted wide approach. But this is the Judgement of High Court what abt Supreme court...any judgement with reference to this ????



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