The ruling came while hearing of the bail plea of a man, who is accused of raping a year-old girl on the pretext of marriage. The incident took place within the limits of Koraput Police Station. In the complaint lodged on November 28 last year, the affected woman stated that the accused allegedly took advantage of her innocence and established sexual relations with her after falsely promising marriage. He allegedly dumped her when she got pregnant. Since then the accused was in custody and a lower court had rejected the bail plea on December 11,
Not Every Failed Promise Amounts to Rape, Rules SC on Sex With Vow to Marry
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Having sexual intercourse on the false promise of marriage does not amount to rape, the Orissa High Court ruled on Saturday while setting aside the order of a lower court on the issue of arrest of a youth for allegedly raping a year-old girl. Under the law, a man can be convicted of rape if it is established that he had sexual intercourse with a woman on the pretext of a false promise of marriage. The girl alleged that when she got pregnant twice, Kumar gave her some medicines and terminated the pregnancy. It was rejected and Kumar has been in police custody since then. In its judgment, the HC said many of the complaints come from socially disadvantaged and poor segments of the society and rural areas, women from these sections are often lured into sex by men on false promises of marriage and then dumped as soon as they get pregnant.
New Delhi: The Supreme Court has held that every breach of promise to marry cannot be a false promise, making a man culpable under the rape charge if he has sexual relations with a woman. Under the law, a man can be convicted of rape if it is established that he had sexual intercourse with a woman on the pretext of a false promise of marriage. Clarifying the legal position in this regard, the Supreme Court has held that in every case a man cannot be held guilty when he fails to marry a woman despite a promise.