Lawstreet Journal

Need Amendment to define what constitutes Sexual intercourse on false promise to Marry: Orissa High Court

Lawstreet Journal 5 Apr 2021 9:48pm

Image courtesy: Lawstreet Journal Judiciary Need Amendment to define what constitutes Sexual intercourse on false promise to Marry: Orissa High Court

"There is a requirement for the change in law what defines sexual Intercourse with the female who is the victim of the crime on the 'pretext of  a false oath of marriage' as in the current situation the law doesn't clearly provide for the conviction of the defendant, "the Orissa High Court recently stated.

On Wednesday (March 31, 2021), it ruled that the law seems to be wrong  which holds a person guilty of rape after having sexual intercourse on a false oath to marry. 

However, the court held that in order to resolve the issue of bail, the victims plight and the possibility of the defendants damage to victims image must be analyzed. 

The court also considered it to be necessary to  ammend the legislation which defines sexual intercourse with the prosecutors on the ground of the false oaths to marry. 

This opinion was made by the Judge S.K Panigrahi who rejected a bail application filed by the person accused of raping a women to whon the accused had made a false oath to marry beforehaving the sexual intercourse with her. 

As claimed by the women, the applicant had also caused her abortion by giving her medicine in the event of getting pregnant twice. 

The woman also claimed that her family contacted the applicants family to obtain consent for the marriage. However, the accused refused the proposal. When the proposal was rejected, the woman's family arranged her marriage somewhere else. 

The woman had also claimed that on 26th April, 2020 the plaintiff created a fake Facebook… Continue Reading...


Tagged: Orissa High Court  
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