Odisha

Sexual Relationship With False Marriage Promise Not Rape, Rules Orissa High Court

 

Cuttack: The Orissa High Court has ruled that sexual relationship between two adults with false promise of marriage is not rape and will not be punishable under Section 376 of the Indian Penal Code (IPC).

The court issued the ruling after hearing the case of one G Achyut Kumar, who was arrested on the charges of raping a 19-year-old girl in Koraput in 2019 and denied bail by a lower court.

The girl had lodged a complaint with police that the accused had promised to marry her, and taking advantage of her innocence, established sexual relationship with her. She had become pregnant twice due to the relationship and the accused had coerced her to abort the pregnancy.

Announcing the court’s ruling, Justice SK Panigrahi said the rape laws should not be used to regulate intimate relationships, especially in cases where women have agency and are entering a relationship by choice.

“The law is well settled that consent obtained on a false promise to marry is not a valid consent. Hence, the automatic extension of provisions of Section 90 of IPC to determine the effect of consent under Section 375 of IPC deserves a serious relook. The law holding that false promise to marriage amounts to rape appears to be erroneous,” Justice Panigrahi said.

The alleged conduct of the appellant may not be a generally approved social conduct but the instant case is riddled with some visible contradiction of facts. The law on this issue, at this stage, has potency to come to the rescue of the appellant. This court sets aside the order passed by the Ld. Sessions Judge-cumSpecial Judge, Koraput-Jeypore and allows the prayer of the appellant.

OB Bureau

Recent Posts

Dismissed IAS Trainee Puja Khedkar Moves Supreme Court Challenging Delhi HC Order Denying Bail

New Delhi: Dismissed IAS trainee officer Puja Khedkar has moved the Supreme Court challenging Delhi…

6 minutes ago

Picture Of Philanthropist Beggar Tula Mausi From Odisha Finds Place In Central Govt Calendar

Bhubaneswar: The picture of philanthropist beggar Tula Mausi from Odisha's Phulbani has found place in…

33 minutes ago

‘Apologise To India’: Parliamentary Panel To Summon Meta Over Mark Zuckerberg’s Erroneous Poll Loss Remark

New Delhi: Days after Meta CEO Mark Zuckerberg made an erroneous statement on India’s election result,…

36 minutes ago

FIR Lodged Against Delhi CM Atishi For Poll Code Violation; AAP Cries Foul

New Delhi: Delhi Police have lodged an FIR against chief minister Atishi for allegedly violating…

1 hour ago

Bhitarkanika National Park In Odisha Closed To Visitors For 9 Days; Know Why

Kendrapada: The Bhitarkanika National Park in Odisha’s Kendrapada district will remain closed for the tourists…

1 hour ago

Jagannath Temple In Odisha’s Puri To Remain Closed For 5 Hours Tomorrow

Puri: Shree Jagannath Temple in Odisha’s Puri town will remain closed for devotees for five…

2 hours ago