The Uttarakhand High Court has issued a significant warning about the misuse of rape laws in cases involving promises of marriage, while quashing pending criminal proceedings against a man accused of sexual intercourse on the false promise of marriage.
The court's observation came in a case where a woman alleged that she had been raped over a prolonged period by the accused.
Justice Sharad Kumar Sharma, in the case of Manoj Kumar Arya v. State of Uttarakhand, highlighted concerns over the rampant misuse of Section 376 of the Indian Penal Code (IPC), which deals with the punishment for rape. The court stated that in contemporary society, such laws are being misused as a weapon by women to pressurize their male counterparts when disputes arise between them.
The court stressed that the veracity of a promise to marry should be evaluated at the beginning of the relationship and not at a later stage. In this particular case, the complainant's allegation of rape was made 15 years after the relationship began and continued even after the accused married another person. Consequently, the court deemed that the woman's claim of non-consent was not valid since she willingly maintained the relationship, despite the accused's marriage to someone else.
The court cited several Supreme Court rulings on the concept of consent and the distinction between false promises of marriage and subsequent breaches. It emphasized that consent obtained under the pretext of marriage should be determined based on the truthfulness or falsity of the assurance given at the initial stage of the relationship.
While acknowledging the gravity of rape offenses and the social stigma associated with such accusations against males, the court also underscored the importance of balancing equity and considering the active role played by females in such cases.
The case involved a complainant who was in a love relationship with the accused since 2005, and they had assured each other of marriage. The sexual relationship continued for years, even after the accused married another woman. Subsequently, the complainant filed an FIR alleging rape based on the false promise of marriage. However, the court found the accusation unsustainable, given the prolonged relationship and the continuation of the relationship after the accused's marriage.
Citing the Supreme Court's decision in Deepak Gulati v. State of Haryana, the court emphasized that consent in such cases should be examined based on the absence of coercion or deception.
Consequently, the High Court quashed the criminal proceedings against the accused, stating that when the complainant voluntarily continued the physical relationship despite knowing about the accused's marriage, her actions implied consent.
Source: Link
Picture Source : https://aldianews.com/sites/default/files/articles/5533216942_e4e47cd182_o_%281%29.jpg
