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Hon’ble Justice Vibhu Bakhru of Delhi High Court on 25/09/2019 passed an Order in the matter of State of Delhi v. Sandeep, that Jilting a lover, however abhorrent that it may seem to some, is not an offence under Indian Penal Code.
The respondent is accused of raping a woman on the pretext of promise to marry. She said that they are meeting each other from more than two years the same transformed into a love affair. She stated that she had been meeting the accused regularly and he had promised to marry her. She alleged that on one occasion the respondent had bolted the door and raped her despite her resistance. However, he had also promised to marry her and had asked her not to disclose the said incident to any other person. She further alleged that the respondent also took her to a hotel and raped her there also. Although he had promised to marry her, he had resiled from his promise and had declined to do so. She had approached the Police Station and registers an FIR against the respondent for rape charges.
While acquitting the accused, the trial court had observed that the accused cannot be held guilty for not marrying the prosecutrix because he and his family members were ready for the marriage but the parents of the prosecutrix did not want that their daughter should marry the accused.
The court observed that “continuing with an intimate relationship, which also involved engaging in sexual activity, over a significant period, cannot be said to be induced and involuntarily, merely on the assertion that the other party has expressed its intention to get married.” Court also held in para 21 that:-
“Inducement to have a physical relationship by promising marriage must have a clear nexus with the moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and indefinite period. In certain cases, a promise to marry may induce a party to agree to establish sexual relations, even though such party does not desire to consent to the same. Such inducement in a given moment may elicit consent, even though the concerned party may want to say no. Such false inducement given with the intention to exploit the other party would constitute an offence. However, it is difficult to accept that continuing with an intimate relationship, which also involves engaging in sexual activity, over a significant period, is induced and involuntary, merely on the assertion that the other party has expressed its intention to get married.”
After examining the evidence on record, the High Court held that the claim of the prosecutrix that she has not given her consent voluntarily but was obtained by inducing her on the pretext of a promise to marry is not established. It is important to bear in mind that two consenting adults establishing a physical relationship is not a crime. Jilting a lover, however abhorrent that it may seem to some, is also not an offence punishable under the IPC.
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