“A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time”, the Delhi high court on (15.12.2020) said, while dismissing the appeal of a woman who had challenged the acquittal of man who she had accused of raping on the pretext of marriage.( X v. State (Govt. Of NCT of Delhi).
Justice Vibhu Bakhru said it is difficult to accept that continuing with an intimate relationship, which also involves engaging in sexual activity over a significant period of time, can be construed as involuntary.
“Inducement to have a physical relationship by promising marriage and the victim falling prey to such an inducement may be understandable in the context of the moment. 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 in its judgment passed on December 15.
On 15.08.2015, the appellant (woman) had filed a complaint with PS Malviya Nagar pursuant to which an FIR under Sections 417/376 of the IPC was registered against the accused Man. The prosecution's case rested almost entirely on the statements and the testimony of the complainant and after analysing her testimony, the Trial Court, in its Judgment observed,
“It is thus evident that the prosecutrix established physical relations with the accused of her own free will and accord as she had genuine affection for the accused and that in the first instance her consent for physical relations had not been obtained by the accused by making any promise of marriage to her.”
The Trial Court further noted, "The talks of marriage, if any, took place between accused and prosecutrix subsequent to their entering into an intimate physical relationship." As per prosecutrix herself, she had physical relations with the accused and became pregnant even after his marriage with a woman. She claimed in her testimony that after some time, the accused had developed a relationship with another girl but in spite of it the prosecutrix continued with her relationship with the accused. The Trial Court, thus, acquitted the accused for offences punishable under Section 417/376 of the Indian Penal Code, 1860 (IPC).