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Sex on promise of marriage not rape if couple stays together for long time: Delhi High Court

LI NETWORK

Justice Vibhu Bakhru of the Delhi High Court today, while hearing a rape case, said that sex on the pretext of marriage cannot be considered rape – if the woman shares physical intimacy with the partner for a long time.

The Court said that “a promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time.”

The Court said this while hearing a plea filed by a woman, who was in an on-off relationship with a man for an indefinite time.

The Court noted:

“In certain cases, a promise of marriage may induce a party to agree to establish sexual relations, even though the party does not desire to consent to the same. Such inducements in a given moment may elicit consent, even though the concerned party may want to say no.”

The High Court acquitted the man of the charges of rape, upholding the order of the trial court.