A Delhi court has acquitted a man accused of entering into a sexual relationship with a woman on the “false promise” of marrying her, saying pre-marital sex is “immoral” and against the “tenets of every religion”.
In his ruling, additional sessions judge Virender Bhat also said every act of sexual intercourse between two adults on the promise of marriage did not become rape.
“When a grown up, educated and office going woman subjects herself to sexual intercourse with a friend or colleague on the latter’s promise that he would marry her, she does so at her own peril.”
The judge further held in his ruling a fortnight ago, “She must be taken to understand the consequences of her act and must know that there is no guarantee that the boy would fulfil his promise. He may or may not do so. She must understand that she is engaging in an act which not only is immoral but also against the tenets of every religion. No religion in the world allows pre-marital sex.”
According to the Indian Penal Code (IPC), sexual intercourse with a woman after obtaining her consent on the false promise of marriage amounts to rape. However, in this case the judge found no evidence to prove the accused had sex with the alleged victim after promising her marriage.
E-mails exchanged between the two were placed before the court as defence evidence. The mails, he added, showed it was the woman who insisted upon having sexual intercourse with the accused despite no assurance from him on marriage.
“I myself do not feel convinced and satisfied that the prosecutrix was misled by any promise or utterance of the accused and she gave her consent to the sexual intercourse with him because of the same,” the judge said.
“It appears that the prosecutrix being a mature, educated and employed lady, understood the nature and consequence of sexual indulgence with the accused and agreed to have sexual intercourse with him only on account of her love and passion for him and not solely on account of any alleged misrepresentation."
The 29-year-old accused from Punjab was arrested by police a month after the woman lodged a rape case against him in May 2011. She then did a secretarial and administrative job at a private company here.
In her complaint, the woman alleged the man, whom she had met on a social networking site in July 2006, cajoled her into having physical relations by promising to marry her.
The judge, however, said the woman's statement before the police and court did not specify whether physical relations between the two started before the man promised her marriage or thereafter.
“A promise to marry is totally different from the mental and physical provocation, as mentioned, by the prosecution, in her testimony. If a boy engages a girl, whom he loves, in sexually explicit talk and during (such) talk touches her sensitive body parts so that she becomes sexually active and consents to sexual intercourse, it can be said that the boy provoked the girl mentally and physically to have physical relations with him, but it cannot be said that he obtained her consent by any misconception, fraud or any other promise,” the judge held.