New Delhi
The Delhi High Court emphasized that when a woman consents to physical intimacy with full awareness, her consent is not considered mistaken unless there’s proof of a false promise of marriage. Justice Anoop Kumar Mendiratta made this point while dismissing a rape case, noting the amicable resolution between the parties, who have since married.
The court clarified that for consent to be misconceived, there must be evidence of a false promise directly related to the decision for intimacy. The case originated from the woman accusing the man of rape, alleging he had misled her with a promise of marriage but later backed out due to family pressure for an arranged marriage. However, the court was informed of the couple’s marriage, and the woman withdrew her complaint, acknowledging the man’s reasons for hesitation.
The court considered the man’s voluntary marriage and the couple’s positive relationship, leading to the dismissal of the case under Section 376 of the IPC. Continuing the case, the court reasoned, would be unjust and could disrupt marital harmony.
