May 4,2018:
On Thursday, Madhya Pradesh HC expounded that, "A woman's body is not a man's play thing".
Justice Sushil Kumar Palo was convinced that accused had promised marriage to the girl to get her consent for sexual relation, quoted a Supreme Court order to expound that, “A woman’s body is not a man’s play thing and he cannot take advantage of it in order to satisfy his lust and desires by fooling a woman into consenting to sexual intercourse simply because he wants to indulge in it".
High Court dismissed a petition filed by man accused of raping a woman on the false promise of marriage.
HC had in a earlier case stated that consent obtained for sex on the pretext of marriage is "not free consent" and police are justified in registering a case of rape.
MP High Court was hearing a petition filed by Bhopal resident Rajeev Sharma seeking quashing of rape charges filed against him by his former fiance.
Sharma had developed friendship with a dance teacher on Facebook and proposed marriage to her, which she accepted. The marriage was fixed though Sharma's mother was opposed to it, say police.
Her complaint says that he got her into a physical relationship by saying that she should not have any problem since they were going to marry. He went back on his promise, prompting her to lodge an FIR at Ashoka Garden police station on March 19, 2017, accusing him of rape.
The accused in this case has committed the vile act and deserves to be suitably punished.”
High Court further added that, “On the analysis of factual and legal aspects, this court is of the opinion that the petitioner invaded the woman’s person of indulging in sexual intercourse in order to appease his lust, all the time knowing that he would not marry her".
High Court thus concluded that, the accused has committed an act of fraud, leading her to believe that he would marry her.
High Court directed Police to go ahead with the rape case.
Source TOI
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