The Supreme Court ruling said that if a promise to marry a woman is false, it can be considered rape, otherwise it is not rape. The Supreme Court has ordered the cancellation of the chargesheet filed against the accused. The case is related to the Mathura district of Uttar Pradesh.
A bench of justices DY Chandrachud and MR Shasha ordered the special sanction application of accused Sonu. In his petition, Sonu demanded the repeal of the FIR and the charge sheet. The court order stated that it was clear from the victim’s statement that she did not intend to marry on her behalf by reading the FIR and the charge sheet. The promise of marriage cannot be said to be false.
The jury found that the relationship between the accused and the victim was mutually agreeable. At the same time, the two have been in a relationship for about a year and a half. Later, when the accused refuses to marry, an FIR is filed based on it. The FIR in this case clearly states that the relationship between the accused and the complainant lasted more than a year.
His allegation was that the family of the accused had consented to the marriage but now refuses to marry. His only complaint seems to be that Sonu is not married to him. The court said the marriage was later banned on the basis of an FIR. We hope that there is no rape charge in this case. It is not revealed that relationships were made by giving false promises of marriage.
Two things must be proved
We have decided when and how a woman’s consent will be granted under Section 375 of the PB Pawar vs. Maharashtra case, ”the bench said. To establish this, two things must be proven:
1. The marriage promise must be false, with bad intentions and the accused does not intend to fulfill it at the time of making the promise.
2. This false promise must be very new and should be made immediately or this promise should be directly related to the decision to have a relationship with a woman.
