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Sex on a false promise of marriage does not amount to Rape: Orissa High Court

Team SoOLEGAL 25 May 2020 4:21pm

Sex on a false promise of marriage does not amount to Rape: Orissa High Court

In a significant ruling, the Odisha High Court held that sexual intercourse on the basis of false promise of marriage does not amount to rape under section 375 of the Indian Penal Code (IPC).The decision came when the court was hearing bail plea of a man who was accused of raping a 19-year old girl on the promise of marriage.

Justice Panigrahi who was hearing the plea, made the submissions on Thursday while allowing the bail of the rape accused, setting aside a lower court order.

The case was related to the arrest of a student from Odisha on rape charges through a complaint by a 19-year-old tribal woman. The young man and the woman were of the same village and had been in a physical relationship for about four years, and she became pregnant twice during this period, according to the case records.

The woman subsequently filed a complaint with the police alleging the man had established a physical relationship with her, taking advantage of her innocence and promising to marry her.

The woman further claimed that she was coerced by the accused into consuming abortion pills to terminate her pregnancies. Police recorded the case and arrested the man, who has been in prison for the last six months.

On Thursday, the Orissa High Court issued his bail application on the condition that he must cooperate with the prosecution and will not harm the alleged victim. In the 12-page order, Justice Panigrahi addressed the rape laws in depth and observed that, “a consensual relationship without even any assurance obviously will not attract the offence under Section 376 of the IPC (rape)”

However, he also noted that the rape laws often fail to acknowledge the plight of socio-economically deprived and poor victims, who are lured into sex by men on false promises of marriage. 



Tagged: Orissa High Court   Indian Penal Code   marriage   Justice Panigrahi   Rape Case  
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Rajendra Kumar   26 May 2020 7:41am
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Rajendra Kumar   26 May 2020 7:40am
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Rajendra Kumar   26 May 2020 7:40am
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Rajendra Kumar   26 May 2020 7:40am
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