Need To Address Male 'Chauvinism' That Women Are 'Enjoyment Object': Allahabad HC Bats For Specific Law On 'Sex On False Promise Of Marriage'

"For the major women population in our society, promise of marriage is a great allurement and they are trapped in a situation which results in their sexual abuse and exploitation," the court noted.

Further, the Court opined that till such a law is enacted, the court should take into consideration the social reality and reality of human life and continue giving protection to such women who have suffered on account of the false promise of marriage.

Facts in brief

The Accused, currently in jail, filed a criminal appeal against rejection of his bail application by the lower court in a case registered under Section 376 IPC and Section 3(2)5 of SC/ST Act.

The victim/woman is a police constable and belongs to scheduled caste and she was called by appellant-accused in a hotel to finalize their marriage and prepare documents related to it, however, in the hotel room he allegedly committed rape on her.

Thereafter, on the same day, she lodged the FIR and she has supported the FIR version both in her statements given to IO under section 161 and to the magistrate under section 164 Cr.P.C.

Court's observations

At the outset, the Court noted that the case pertained to single act of sexual intercourse and the FIR has been lodged on the same day.

The Court noted that the delay of 17 hours in lodging FIR was insignificant as it opined that this much of time was natural to take a decision to lodge FIR against a person with whom she was planning to marry.

The Court observed that the Victim was in love and there was family hurdle in their marriage as mentioned by the appellant-accused, and therefore, the Court found it natural that she went to hotel as the appellant wanted her to come for a talk for preparation of documents for court marriage.

Importantly, the Court observed that the accused never actually wanted to marry the victim and had mala fide motives, and had made a false promise to marry only to satisfy his lust, and this, the Court added, certainly falls within the ambit of cheating and playing deception to obtain consent for sex.

"Needless to mention that false marriage promise is and always, in the major part of our society, has been an effective tool of mischievous males for creating emotional pressure on a woman for doing sex," the Court further added.

Further, dismissing his appeal the Court concluded thus:

"Obtaining consent for sexual relationship by false promise of marriage should be termed as consent given under misconception of fact and must amount to rape… The court cannot become a silent spectator and give license to those who are trying to exploit the innocent girls and have sexual intercourse with them on the pretext of a false promise of marriage…"