Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry
1 year, 9 months ago

Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry

Live Law  

The Jammu and Kashmir and Ladakh High Court recently quashed a rape FIR, observing that a proposal made by the accused to prosecutrix for live-In relationship, so as to ascertain how their relationship will work, does not tantamount to false promise to marry. The bench comprising Justice Sanjay Dhar observed, "He proposed to have live-in-relationship with her, meaning thereby that at the initial stage the petitioner had not indicated his intention to marry the prosecutrix but he only wanted to ascertain as to how their relationship will work out, whereafter he was to make up his mind as to whether or not he would enter into wedlock with the prosecutrix. The petitioner contended that the facts emanating from the record would clearly show that there was a long standing relationship between the petitioner and the prosecutrix, which has gone wrong but the same cannot amount to an offence under Section 376 IPC. At the outset, Justice Dhar observed that once the prosecutrix came to know that the family of the petitioner is not in favour of their marriage and live-in-relationship, prudence demanded that she, a mature girl of 38 years, should not have allowed the petitioner to stay with her and to have physical relationship with her.

Relationship Petitioner  work  rape  proposal  kashmir  promise  liveinrelationship  relationship  marry  jammu  prosecutrix  livein  marriage  petitioner  quashes  proposed

History of this topic

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
2 days, 12 hours ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
1 week, 3 days ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case
1 week, 4 days ago

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case

Live Law  

The Karnataka High Court quashed a rape case registered by a woman against her fiance–who had absconded post their engagement after he was booked in a case under the NDPS Act–noting that the complainant's statement that she did not want to pursue the case further. The court after going through the records said, "After the registration of the crime in …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
2 weeks, 3 days ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Trending News
3 weeks, 2 days ago

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?

Live Law  

Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown. Consent known to be given under fear or misconception- A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of …

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Trending News
3 weeks, 2 days ago

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?

Live Law  

Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown. Consent known to be given under fear or misconception- A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of …

Man, in interfaith relationship, moves Bombay High Court for partner's release
3 weeks, 5 days ago

Man, in interfaith relationship, moves Bombay High Court for partner's release

India Today  

A 20-year-old Muslim man has approached the Bombay High Court with a petition seeking the release of his partner from a shelter home and In his petition, the man said that he had been in a consensual, committed relationship with a Hindu woman for the past several months. However, the woman's parents registered a complaint with the police which was …

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court
3 weeks, 5 days ago

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court

Live Law  

A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.The Court observed that when a woman has maintained a physical relationship with a man for a long period, it cannot be said with certainty that such relationship was solely because of a …

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship
1 month ago

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

Live Law  

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years. While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. Seeking to quash the prosecution the …

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

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

Live Law  

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 …

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
2 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

The curious difference between IPC and BNS on rape
3 months, 2 weeks ago

The curious difference between IPC and BNS on rape

New Indian Express  

Since the definition of rape continues to be largely identical in IPC and BNS, it is not clear how such an offender can still escape the charge in such cases. The phrase “by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her” would have to be interpreted the same way …

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court
4 months, 2 weeks ago

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has ruled that a domestic relationship under the Domestic Violence Act, can be established through past cohabitation, and current cohabitation is not a requirement for the same. So, merely because the petitioner and respondent No.1 are not presently living in a shared household, it cannot be stated that there is no domestic …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
5 months ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court
5 months ago

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that consensual acts between two adults who were in love over a long period of six years will not attract the offence of rape. The court said, “The duration of relationship between the two which was founded on love was for a period of six years, merely because love wanes away by efflux of …

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court
5 months, 3 weeks ago

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that while adjudicating a rape case based on false promise to marry, the Court should take into accounts factors like comparative age of accused and victim, their educational, social and economic background and the nature of their profession.The list is not exhaustive and Court said entirety of facts and circumstances of each …

[False Promise To Marry] Court Must Ensure That Not Only Are 'Women Not Misused, But Equally That Law Is Not Misused Against Men': Madras HC
5 months, 3 weeks ago

[False Promise To Marry] Court Must Ensure That Not Only Are 'Women Not Misused, But Equally That Law Is Not Misused Against Men': Madras HC

Live Law  

While setting aside a conviction in a sexual harassment case, the Madras High Court recently observed that when the victim already knew that the accused was a married man and father of a child, she could not allege that the consent was obtained on a false promise of marriage. The court noted that the prosecution had failed to prove that …

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable
6 months, 1 week ago

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable

Live Law  

The Madhya Pradesh High Court has recently quashed a FIR registered for rape and criminal intimidation since the prosecutrix's version that she was forcefully raped repeatedly did not instil confidence in the context of her marriage with the accused. The single-judge bench of Justice Vishal Dhagat held that the prosecutrix's failure to lodge a FIR despite repeated acts of alleged …

Rape FIR against married man quashed after he promises never to contact woman
8 months, 3 weeks ago

Rape FIR against married man quashed after he promises never to contact woman

India Today  

An FIR for rape against a married man has been quashed by the Bombay High Court after the woman told the court, "The relationship was of a consensual nature. The bench of Justices PD Naik and NR Borkar heard a plea filed by the accused against whom an FIR was registered on February 3, 2024, at the Lonavala Police Station …

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
10 months, 3 weeks ago

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court

Live Law  

To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court. "If it is established that from the inception, the consent by the victim is a result of a false promise to …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
11 months, 2 weeks ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 1 month ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

Live-in Relationship Without Dissolving Previous Marriage May Amount To Bigamy: Punjab & Haryana High Court
1 year, 1 month ago

Live-in Relationship Without Dissolving Previous Marriage May Amount To Bigamy: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that living together with another woman, without dissolving the marriage from earlier spouse may amount to offence of bigamy under Sections 494, 495 of the IPC.Justice Kuldeep Tiwari said, ".without obtaining any valid decree of divorce from his earlier spouse and during subsistence of his earlier marriage, the petitioner No.2 is living …

Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost
1 year, 2 months ago

Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost

Live Law  

The Punjab and Haryana High Court recently expressed reservations over a married man living with a divorced woman, stating that the brunt of their "illicit relationship" had befallen on the man's wife and children.It dismissed the couple's protection plea against the man's wife stating that it's a mere "cover up" and directed them to pay cost of Rs. The Punjab …

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court
1 year, 3 months ago

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court

The Hindu  

September 23, 2023 11:24 am | Updated 11:24 am IST - NEW DELHI : The Delhi High Court has recently held that a live-in relationship between two consenting adults, married to different partners, may be considered undesirable by a section of society but it is not a criminal offence. Similarly, immorality cannot be punished by law unless provided by a …

CJI says petitions to criminalise marital rape to be listed in mid-October
1 year, 3 months ago

CJI says petitions to criminalise marital rape to be listed in mid-October

The Hindu  

Chief Justice of India D.Y. “We will list it sometime in mid-October after the Constitution Bench hearings,” Chief Justice Chandrachud addressed senior advocate Indira Jaising and advocate Karuna Nundy, who jointly mentioned the case for urgent listing. “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on …

Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR
1 year, 3 months ago

Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR

Live Law  

The Jharkhand High Court has dismissed a rape case filed by a woman who was a married adult, noting that she was fully aware of the potential consequences of engaging in a physical relationship with another person. The court ruled that the accused could not be deemed to have obtained her consent under false pretense, thus quashing the charges based …

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law
1 year, 3 months ago

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law

Live Law  

The Jharkhand High Court has granted relief to a man accused of raping his widowed sister-in-law under pretext of false to marry her, asserting that prosecutrix was a married woman of legal age, was well aware of the consequences of her relationship with her brother-in-law. Taking into account the accusations outlined in the FIR, which were being substantiated by the …

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained
1 year, 3 months ago

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained

The Hindu  

The story so far: If a man promises to marry a woman but never intends to, and still has ‘consensual’ sex with her, it will amount to a criminal offence under Section 69 of the proposed Bharatiya Nyaya Sanhita, 2023. Chapter 5 of the Bill, titled “Offences against woman and children” describes ‘sexual intercourse by employing deceitful means etc.’, as …

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges
1 year, 4 months ago

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges

Firstpost  

Justice Nagaprasanna reasoned that given the extensive duration of the sexual relationship spanning six years, it cannot be construed as rape under Section 376 of the Indian Penal Code In a case shedding light on the misuse of laws, the Karnataka High Court has dismissed two criminal cases against a man from Bengaluru. The cases were brought by a woman …

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court
1 year, 5 months ago

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has recently quashed pending criminal proceedings against a man for allegedly having sexual intercourse with a lady for decades on the false promise of marriage. While disapproving the continuance of such case, the Single Bench of Justice Sharad Kumar Sharma observed, “In fact, the offence under Section 376 of the IPC as of now in this …

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man
1 year, 5 months ago

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man

Live Law  

The Gujarat High Court recently quashed a rape case against a man, observing that the case is of consensual sex. The court said that the complainant was well aware of the pros and cons of the relationship and that no false promise of marriage was given at the early stage. It is not the case that, but for the false …

Consensual sex not rape if promise of marriage broken: Orissa High Court
1 year, 5 months ago

Consensual sex not rape if promise of marriage broken: Orissa High Court

Firstpost  

The Supreme Court order had said that if two persons maintained a physical relationship on an assurance of marriage to the victim, which due to some reasons failed to materialise later, it cannot be called rape with a claim that the promise had been broken, the bench observed. The Orissa High Court has said that if a consensual physical relationship …

Consensual sex not rape if promise of marriage is broken: Orissa High Court
1 year, 5 months ago

Consensual sex not rape if promise of marriage is broken: Orissa High Court

India TV News  

Orissa High Court on Friday asserted that a consensual physical relationship cannot be considered rape if the promise of marriage could not be materialised for some reasons. “In the former case, for any such sexual intimacy, an offence under Section 376 IPC is not made out, whereas, in the latter, it is, since the same is based on the premise …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 5 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC
1 year, 6 months ago

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC

Live Law  

The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.Justice Anup Jairam Bhambhani added that such a a finding or decision …

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC
1 year, 7 months ago

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC

Live Law  

The Calcutta High Court recently set aside trial court's decision to convict under Section 417 of IPC a man accused of inducing a woman to have sexual relation with him on the promise to marry her after the dissolution of his previous marriage. According to prosecution case, the victim had agreed to live together with the appellant as there was …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 8 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court
1 year, 8 months ago

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court

Live Law  

When two people invest in a relationship, one of them cannot be blamed merely because the other alleged rape after things went south and the relationship didn’t culminate into a marriage, the Bombay High Court observed while discharging a man accused of raping his girlfriend since eight years. Justice Bharati Dangre set aside the trial court’s order refusing to discharge …

Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case
1 year, 8 months ago

Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case

Live Law  

The Madhya Pradesh High Court at Gwalior quashing a rape case observed that a mere breach of promise to marry cannot be said to be a false promise to marry. Justice Deepak Kumar Agarwal observed that only a false promise to marry made with the intention to deceive a woman would vitiate the woman's consent being obtained under the misconception …

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court
1 year, 9 months ago

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court

Live Law  

The Karnataka High Court has quashed charges of rape levelled against an accused who was booked on the complaint made by the victim, after the accused refused to marry her on being in a relationship with her for over five years. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for …

PIL in SC Seeks Framing of Rules for Registration of Live-in Relationships
1 year, 9 months ago

PIL in SC Seeks Framing of Rules for Registration of Live-in Relationships

News 18  

A PIL was filed in the Supreme Court seeking a direction to the Centre to frame rules for registration of live-in relationships as it cited increase in crimes like rape and murder allegedly committed by live-in partners. The plea, which referred to the recent killing of Shraddha Walkar allegedly by her live-in partner Aaftab Amin Poonawala, also sought framing of …

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case
1 year, 11 months ago

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case

Live Law  

The Kerala High Court on Tuesday quashed rape case against a 31-year-old man, observing that he and the complainant were in a consensual relationship and his promise to marry her was not with an intention to deceive her.The accused and the complainant had worked together in the Malayalam Serial, 'Akashadooth'. The Kerala High Court on Tuesday quashed rape case against …

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry
1 year, 11 months ago

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her. It may be noted the accused-Pintu Kumar has been accused of luring the victim, a physically challenged lady having no legs, to have sex with him by extending a false promise to …

Refusal to marry a married woman after consensual sex no ground for rape: Kerala HC
2 years ago

Refusal to marry a married woman after consensual sex no ground for rape: Kerala HC

India Today  

The Kerala High Court on Thursday said that refusal to marry an already married woman after engaging in a physical relationship cannot be treated as rape. READ | Patriarchal, sexist: Supreme Court comes down heavily on 2-finger rape test "It is settled that, if a man retracts his promise to marry a woman, consensual sex they had would not constitute …

Calcutta HC Refuses To Quash Case Against Judicial Magistrate Accused Of Raping Litigant On False Promise To Marry Her
2 years, 1 month ago

Calcutta HC Refuses To Quash Case Against Judicial Magistrate Accused Of Raping Litigant On False Promise To Marry Her

Live Law  

The Calcutta High Court on Monday refused to quash criminal proceedings initiated against a judicial officer accused of raping a litigant on a false promise to marry her. The matrimonial dispute of the complainant was pending before the petitioner herein, a member of the WB Judicial Service who held the post of Additional Chief Judicial Magistrate at the time, when …

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer
2 years, 1 month ago

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer

Live Law  

Quashing a rape case against a lawyer, the Kerala High Court on Thursday said there is no specific allegation in the prosecutrix's statement that he had given a false promise to marry her based on which she had been induced into a sexual relationship. "There is absolutely no specific allegation in the FI statement that the petitioner had given a …

Rape On False Marriage Promise - Allegation Not Sustainable If Woman Continued Relationship Even After Knowing About Man's Marriage: Kerala High Court
2 years, 2 months ago

Rape On False Marriage Promise - Allegation Not Sustainable If Woman Continued Relationship Even After Knowing About Man's Marriage: Kerala High Court

Live Law  

The Kerala High Court on Thursday reiterated that if a man retracts his promise to marry a woman, the consensual sex they have had will not constitute rape unless it is established that the consent was obtained by him by giving false promise of marriage with no intention of adhering to it, and that promise made was false to his …

Refusal To Act On Rape Victim's Testimony In Absence Of Corroboration Adds Insult To Injury: JKL High Court Upholds Rape Conviction
2 years, 3 months ago

Refusal To Act On Rape Victim's Testimony In Absence Of Corroboration Adds Insult To Injury: JKL High Court Upholds Rape Conviction

Live Law  

While upholding the conviction of a man who raped a minor girl in the year 2011, the Jammu and Kashmir and Ladakh High Court today remarked that in the Indian setting, the refusal to act on the testimony of a victim of sexual assault in the absence of corroboration, as a rule, is adding insult to injury.The bench of Justice …

Discover Related