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,… Continue Reading...


Tagged: Sexual Harassment  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com