Calling it “prima-facie” a case of rape, the Delhi High Court on Monday dismissed the anticipatory bail application filed by a youth who had indulged in consensual sex with a woman, on the false promise of marriage.
The youth, Nikhil Parasar, now faces the prospect of an arrest any time for playing with the girl’s emotions and ruining her life, which the court considered, was “above all”.
Rejecting his defence of participatory nature of the woman, Justice V K Jain said, “If a girl surrenders herself to a boy who not only proposes but also formalises his promise with a formal ceremony like engagement, she does it not because she loves him or wants to have pleasure with him, but because she does not want to disappoint her future husband.”
Calling for stern steps, the court said: “If the court takes a view that sexual intercourse with a girl in such cases does not amount to rape, it will result in unscrupulous and mischievious persons taking undue advantage of innocent girls by promising marriage to them.”
The judge said the Supreme Court ruled that if it’s shown that ever since making the promise, the accused did not intend to marry her and if the victim extends her consent to sex only because she believes the misrepresentation, then it was a case of rape.
Significantly, the court condoned the delay on the part of the woman in filing the rape case. “We need to recognise that in a traditional society like ours, it is not easy for an unmarried girl to admit a mistake of this nature,” the judge said.