NEW DELHI: Days after ruling that a woman who is in a live-in relationship for a long period may not be able to accuse her live-in partner of rape by compelling her to get into physical relation on the false promise of marriage, SC on Wednesday raised the issue of the rising trend of filing rape cases citing false promise of marriage.
While hearing a plea of a man seeking to quash rape charges against him by a woman who was engaged to him, a bench of Justices M M Sundresh and Rajesh Bindal flagged the issue and said that break-up of relationship should not result in rape cases. The lady submitted she was subjected to sex on the false pretext of marriage.
“If you were so gullible, you would not be before us. You were a major. It cannot be that you were hoodwinked to believe you will get married, etc. With due respect, today the concept of morality, virtues is different with younger lot. If we agree with you, then any relationship between boy and girl in college etc will become punishable,” the bench observed.
Senior advocate Madhavi Divan, appearing for the victim, said this was not a case of a romantic relationship turning sour but an arranged marriage situation. “The consent in the present case cannot be said to be free consent… Her engagement breaking will be a social taboo. She thinks if she does not please him he may not marry her. They were engaged. It may be casual sex for him but not for the woman,” Divan said. SC thereafter decided to examine the case in detail.
