Consensual intercourse with an adult woman on the promise of marriage does not amount to rape. If a woman has consensual sex, the criminal law of rape cannot be used against the accused. The Orissa High Court has given this major verdict in the rape case.
The Court further stated that if a woman has sexual relationship on a consensual basis, the criminal law for rape can’t be used against the accused.
While giving the verdict, a bench headed by Justice Sanjib Panigrahi said that it seems wrong to consider false promise of marriage as rape. The bench reasoned that this was because the contents of codified rape under Section 375 of the IPC did not cover it.
During a bail hearing in a rape case, Justice Panigrahi said police records showed that the man and the woman knew each other and medical reports showed that there was no forced sexual intercourse. In this case, the court also ordered to grant conditional bail to the lower court accused.
On the pretext of marriage, a young man had physical relations with a woman. The accused again absconded after a few days. On the complaint of the victim, the accused was arrested and sent to court custody. After this, the accused had moved the High Court after his bail plea was rejected by the lower court. The court said that rape under Section 375 of the IPC can be considered when the relationship is made against the will of the woman.