Lawstreet Journal

Sexual Intercourse on The Promise to Marry Does Not Amount to Rape: Orissa HC [READ ORDER]

Lawstreet Journal 29 May 2020 11:58pm

Image courtesy: Lawstreet Journal Judiciary Sexual Intercourse on The Promise to Marry Does Not Amount to Rape: Orissa HC [READ ORDER]

A Single Judge Bench of Justice S. K. Panigrahi of the High Court of Orissa, Cuttack in its judgment delivered on May 21, 2020, in the matter of G. Achyut Kumar v. the State of Orissa had granted the bail to the accused holding that sexual intercourse on the pretext to marry later itself doesn’t amount to rape and the benefit of bail should be granted to the accused. 

 

Background of the Case:

The Appellant in the present case had sought bail from the Ld. Sessions Judge-cum-Special Judge, Koraput-Jeypore, which was rejected on December 11, 2020. He was accused under Sections 493(Cohabitation caused by a man deceitfully inducing a belief of lawful marriage), 313 (Causing miscarriage without woman’s consent), 376 (Punishment for rape) of Indian Penal Code, 1860 read with Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 which is as follows:

(1) ***

(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe-

(i)-(iv)

(v)Commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine.

The complainant victim Ms. X, aged about 19, belonging to the ST community had lodged a complaint on November 11, 2019, before the Police Station Patangi, District-Koraput. 

She… Continue Reading...


Tagged: Sexual Harassment  
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