Intercourse on pretext of marriage: SC guidelines incident can’t be stretched over years : The Tribune India

2020/09 29 21:09

Satya Prakash

Tribune Information Service

New Delhi, September 29

Amid rising incidents of intercourse on the pretext of marriage, the Supreme Courtroom has dominated that misrepresentation of information to acquire a girl’s consent for intercourse must be near the incident and never stretched over years.

A 3-judge Bench headed by Justice Rohinton F Nariman acquitted a tribal man from Jharkhand who was held responsible of raping a Christian woman after allegedly acquiring her consent for intercourse fraudulently on the pretext of marriage.

As a consequence of variations between the 2 households, the person couldn’t marry the girl who went on to file a rape case in opposition to her ex-boyfriend, barely every week earlier than he was to marry one other lady. The trial court docket held him responsible of rape and Jharkhand Excessive Courtroom upheld the conviction.

Nonetheless, the highest court docket put aside his conviction, saying: “We’ve no hesitation in concluding that the consent of the prosecutrix was however a aware and deliberated selection, as distinct from an involuntary motion or denial and which alternative was accessible to her, due to her deep­seated love for the appellant main her to willingly allow him liberties together with her physique, which based on regular human behaviour are permitted solely to an individual with whom one is deeply in love.”

Clarifying the authorized place, the Bench stated, “Beneath Part 90 of IPC, a consent given below a false impression of truth isn’t any consent within the eyes of regulation. However the false impression of truth must be in proximity of time to the incidence and can’t be unfold over a interval of 4 years.”

It stated, “We… are of the thought of opinion that the appellant didn’t make any false promise or intentional misrepresentation of marriage resulting in institution of bodily relationship between the events,” it stated on Monday reversing the Jharkhand Excessive Courtroom’s verdict.

“The prosecutrix (woman) was herself conscious of the obstacles of their relationship due to completely different non secular beliefs. An engagement ceremony was additionally held within the solemn perception that the societal obstacles could be overcome, however sadly variations additionally arose whether or not the wedding was to solemnised within the Church or in a Temple and in the end failed. It’s not attainable to carry on the proof accessible that the appellant proper from the inception didn’t intend to marry the prosecutrix ever and had fraudulently misrepresented solely with a view to set up bodily relation together with her,” it stated. 

“They have been each obsessed with one another and passions of youth dominated over their minds and feelings. The bodily relations that adopted was not remoted or sporadic in nature, however common over time. The prosecutrix had even gone and resided in the home of the appellant,” the highest court docket famous.




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