Every Breach Of Promise To Marry Cannot Amount To Rape.

Every Breach Of Promise To Marry Cannot Amount To Rape.

Akshay Manoj Jaisinghani vs The State of Maharashtra

Bombay HC

09/01/2017

ANTICIPATORY BAIL APPLICATION NO.2221 OF 2016

About/from the judgment:

Every Breach Of Promise To Marry Cannot Amount To Rape.

 

This is an unfortunate but routine case of a boy and girl having affair, indulging into sexual relationship and ultimately ending into a breakup. Considering the facts of the case, undoubtedly, the complainant and the applicant/accused had consensual sexual relationship and were in love with each other.

 

Previously, in number of such matters, this Court has taken a specific view and has held that when a woman is major and educated and depending on facts on the case, she is supposed to be fully aware of the consequences of having sexual intercourse with a man before marriage. In the event of consent obtained by fraud, inducement is a necessary ingredient. There should be some material on record to believe prima facie that the girl was induced by the accused to such an extent that she was ready to have sexual intercourse with him. Promise to marry cannot be said to be an inducement in these types of cases. However, the Courts now-a-days do come across registration of many cases of the offence of rape under section 376 of the Indian Penal Code. If the act is repeatedly committed, then, section 376 (2)(N) is also invoked where the punishment is not less than 10 years. Thus, the facts i.e., the life and liberty of the accused in view of the gravity of the punishment on one hand and mental trauma, physical sufferings of the girl on the other hand, are required to be appropriately considered with balanced view.

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