Sex On False Promise | Burning Issues | PDF Download

Why in News?

• When consent of the woman for sexual intercourse is obtained based on promise to marry and it can be proved that the accused did not have any intention to marry the woman, the accused will be guilty of rape under Section 375 of Indian Penal Code.
• This was reaffirmed by a Supreme Court Bench of Justices L Nageswara Rao and MR Shah.

Case

• The rapist would still have to answer for his crime, a Bench of Justices L. Nageswara Rao and M.R. Shah concluded in their recent judgment.
• The case concerns the rape of a woman by a government doctor in Chhattisgarh in 2013.
• At the time of the crime, he was already engaged to marry another woman.
• On the basis of an FIR filed, the man was convicted of rape.
• In his judgment for the Bench, Justice Shah observed that it was clear from the evidence that the man’s intention was to cheat the victim.
• “Rape is the most morally and physically reprehensible crime in a society, an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female. Rape reduces a woman to an animal, as it shakes the very core of her life,” Justice Shah wrote in the judgment.
• The court said rape is the “most hated crime”.

Concluding Remarks

• The mere fact that both the victim and her attacker have married separately and moved on does not erase the horror of what was committed on her. The rapist must face the consequences of the crime.
• The court, however, reduced his sentence to seven years’ imprisonment.

Analysis

•  Definition of Rape
• Pros
•  Cons

 

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