Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 1 week ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

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The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the appellant to marry her would entail wide ramification.The victim being an adult lady could not have been a prey to the promise to marry concept foregoing her knowledge of subsequent possibilities, probabilities and eventualities if such promise was not acted upon. Advocate for the appellant submitted that the victim girl stated in the complaint, as well as in her testimony that she did not raise any objection to the physical intimacy and consented to the same and as such in no way the said incident can be termed as rape as it was a consensual act between the victim as well as the appellant. She gave birth to a female child and the father of the victim girl deposed the victim to have been in a romantic relationship with the appellant who on promise to marry her, ravished her.

History of this topic

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