Necessary to Prove Beyond Reasonable Doubt

The Madhya Pradesh High Court has upheld the order that acquitted a man of the rape charge on finding that the prosecutrix, was aware that he was married, thus, it was unconvincing that she was raped by that man on a pretext of marriage.

The case came up as a complaint was filed against a man on August 10, 2013, at AJAK police station, Anuppur, by a woman accusing him of raping her on the pretext of marriage for over four years. The prosecutrix admitted during the cross-examination that she was acquainted with his mother and wife and had visited his home as well. Thus, with this context, the court held that it was not proved that the man concealed the fact of his marriage. Even it was found that the parents of prosecutrix approached the man and his parents for marriage issue.

Even the Delhi High Court on June 2015 said that if a woman consent has sexual relations with a married man who even promised to marry her, continues the relationship and gets impregnated, then it is an act of ‘promiscuity’ on her part.

Year after year the courts have pronounced varied judgments on breach of promise to marry and rape.

A man accused of rape can be convicted only if he has a malafide intention of not fulfilling a promise of marrying the victim. Year after year the court has pronounced varied judgments on breach of promise to marry and rape.

Supreme Court in Deepak Gulati vs. the State of Haryana decided the matter on whether the accused made a faulty promise to marry or not?

Supreme Court in State of UP v Naushad, 2013 gave the punishment of Life imprisonment to the man found guilty of rape charges arising out of a false promise to marry.

Gujrat High Court in Sangray v State of Gujrat held that partner’s breach of promise to marry is not rape.

Bombay High Court in Rajiv Pati v State of Maharastra, 2014 CJ held every Breach of promise to marry cannot amount to rape.

At all instances, the breach of promise to marry after establishing sexual relationship does not simply, in itself, constitute the offence of rape according to Indian Laws. Due to lack of testamentary guidelines, the decisions related to the rape cases in India depend on the court’s discretion relying on the facts of the case.

 

By – Shivika Sahu

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