Consent for physical relations not misconceived without evidence of false promise of marriage: Delhi HC
New Delhi, April 6 (IANS) The Delhi High Court has said that when a woman makes an informed decision to engage in physical relations, consent cannot be deemed misconceived unless there is clear evidence of a false promise of marriage.
Justice Anoop Kumar Mendiratta made this observation while dismissing a rape case against a man, as the matter had been resolved amicably between the parties, who have since married.
The court said that when a woman consciously chooses to engage in physical relations, fully understanding the consequences, her consent cannot be considered misconceived unless there is evidence of a false promise with no intention of fulfillment.
This promise must be directly related to the woman’s decision to engage in sexual activity.
The case stemmed from the woman lodging a rape complaint against the man, alleging that he had engaged in physical relations with her under the pretext of marriage but later reneged on his promise, citing family pressure for an arranged marriage.
Subsequently, the court was informed that the couple had settled their differences and legally married.
The woman expressed her happiness in her current marital relationship and withdrew her FIR, acknowledging that the accused’s reluctance to marry stemmed from family pressure, not bad faith or deceit.
The court noted the voluntary marriage by the accused during the investigation, indicating that the initial promise was not made with malicious intent. Considering the harmonious relationship between the parties and the remote likelihood of conviction, the court quashed the proceedings under Section 376 of the IPC, saying that continuing the case would be an abuse of court processes and disrupt marital harmony.