Marriage is not compulsory between two individuals who are involved in sexual relationship said a Mumbai court comprising additional sessions judge PM Gupta while granting anticipatory bail to three accused persons of rape on false promise to marriage.
He further stated that marriage is a choice and it cannot be imposed on anyone even if two individuals are sexually involved, they are not complied to marry on that basis.
The matter came up when the complainant filed a case against the accused and his father and family friend for false promise of marriage leading to rape. She claimed that she married the accused in January 2021 and after that she resided with them during which she was subjected to cruelty and unlawful demand.
However, it is to be noted that after this complaint she further stated a month later that they never married but on the pretext of promise of marriage she consented for sexual intercourse with the accused, the police filed the complaint against the accused under section 498A, 323, 504, 506 read with section 34 of IPC & added 376, 377, 313 of the IPC to the FIR & arrested him.
The accused then approached the court for anticipatory bail under section 438 CRPC.
Further, the court found that after the filing of complaint the informant resided with the accused & visited several hotels with him & was consensually involved in sexual relationship with him.
She is educated enough and is a major to understand the aftermaths of her consent for sexual intercourse before marriage.
The court stated that as they both were having an affair which didn’t worked out & as mentioned by her that her consent was obtained by fraud, the court added that inducement is necessary for that cause and some material must be on record for proving the same and for a relationship so song promise to marry is not inducement to obtain consent by fraud.
Hence, the accused is liable for anticipatory bail in the present case by looking at the facts & circumstances however, this decision must not be taken for the case as whole but only for the present application added the court order.
References-
2) https://www.barandbench.com
3) https://www.indialegallive.com
2 Comments
Sofia · August 25, 2021 at 4:30 pm
Very well written article.
Admin · August 25, 2021 at 4:34 pm
Thank you ma’am