People who seek consent for sexual relationship with women on the false promise of marriage be punished: Allahabad High Court

Team SoOLEGAL 4 Aug 2021 1:14pm

People who seek consent for sexual relationship with women on the false promise of marriage be punished: Allahabad High Court

The Allahabad High Court made a significant observation about the necessity for a special legal framework to deal with cases of sexual exploitation of women urged the legislature to pass legislation punishing individuals who seek consent for sexual relationships with women on the false promise of marriage.


The court, headed by Justice Pradeep Kumar Srivastava, stated that in order to establish a healthier economy, the feudal mentality and male chauvinism that women are nothing more than objects of pleasure must be acknowledged and rigorously dealt with.


The court observed that the accused never wanted to marry the victim who was in love with him while hearing a criminal appeal filed by the accused, who is currently in jail, against the lower court's rejection of his bail plea in the case filed against him under Section 376 of the Indian Penal Code (IPC) and Section 3(2)5 of the SC/ST Act.


The court also found that the accused acted with malice and made a false vow to the woman to marry her solely to satisfy his desires. According to the court, the case amounted to cheating and deception in order to get sexual consent.


The case before the High Court concerned a woman police constable who belonged to a scheduled caste and was summoned by the appellant-accused in a hotel room to finalize their marriage and prepare the necessary documents. The victim was allegedly raped in the hotel room by the accused.


As a result, she filed an FIR the same day and had her statement recorded with the inquiry officer under Section 161 of the Criminal Procedure Code (CrPC) and before a magistrate under Section 164 of the CrPC.


While dismissing the accused's plea, the court also stated that until legislation is enacted to protect victims of such deception, the court should examine the social reality and continue to protect women who are victims of fraudulent marriage promises.

Tagged: Allahabad High Court   Justice Pradeep Kumar Srivastava   criminal cases   Indian Penal Code   Criminal Procedure Code   false promise  
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