The Single Bench of Justice Sharad Kumar Sharma said during the hearing that women are misusing the law punishing the culprit of rape under Section-376 of the IPC by making it a weapon.
In the year 2005, both the complainant and the accused were in love with each other. Both also promised to marry each other. For decades, the two made physical relations with each other.
After this the accused person married another woman. Even after marriage, both used to meet and make physical relations. A few years later, in 2020, the woman accused her boyfriend of having physical relations on the false promise of marriage. Filed a case of rape. Criminal action was taken on the complaint. The accused moved the High Court seeking quashing of the pending proceedings.
They also know what the court has said.
Court said- The woman knew that her lover was married to another woman, yet she made physical relations with him. This means that both had consensual relations. Both had a physical relationship for many years, but she never even complained of rape before the FIR was registered.
The court said whether the promise to marry is false or not? This question should be kept at the beginning of that promise and not later
The court said in its order that it is not a case of non-criminalisation under section 376 of the IPC. Because the woman was aware of the marriage, yet she was involved in physical relations.
The Court also observed that in an offense under Section 376 IPC, the Court should carefully examine whether the accused really wanted to marry the victim or had made a false promise to have physical relationship.
While canceling the pending criminal proceedings against the accused, the court said – the case is not made out against the accused. The woman had consensual physical relations.
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