Deepali Kalia –
Published on August 04, 2021, at 01:13 PM
On 3rd August, Allahabad High Court observed that in order to deal with cases involving the accused obtaining consent for sexual intercourse on the false promise of marriage, the legislature should endeavour towards making a clear and specific law.
Justice Pradeep Kumar Srivastava observed that, “This feudal mindset and male chauvinism that women are nothing but an object of enjoyment is required to be rigorously addressed and strictly dealt with in order to create a healthier society and to increase a sense of security and protection in the mind of women.”
Following observations were made by the Court while hearing a criminal appeal filed by the accused who sought bail in an alleged rape case.
The Court dismissed the appeal and opined that the act of deceiving women and obtaining their consent by making false promises of marriage with mala fide intention was becoming a phenomenon and that many accused persons in these cases were convinced that they could easily escape criminal liability.
Until such law is enacted, it shall be the duty of the Court to take into account the social reality and continue to accord protection to women who have suffered in these scenarios, the Court opined.
The accused who is currently in jail filed a criminal appeal challenging the rejection of his bail application by the Lower Court in a case registered against him under Section 376 (Rape) of the Indian Penal Code and Section 3(2)5 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
The victim who is a police constable and belongs to the Scheduled Caste stated that the accused asked her to come to the hotel in order to finalize their marriage and prepare documents for said purpose, however, she was deceived and he allegedly raped her.
Following this, the victim lodged an FIR on the same day.
The Court opined that, “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.”
Click here to Read/Download the Order
Also read: Allahabad HC: Accused charged under Cow Slaughter Act granted Bail