Major and Educated Woman Must Know Consequences of Sexual Intercourse with a Man Before Marriage: Jammu and Kashmir High Court



Major and Educated Woman Must Know Consequences of Sexual Intercourse with a Man Before Marriage: Jammu and Kashmir High Court

Recently, the Jammu and Kashmir High Court Justice Sanjay Kumar Gupta quashed an FIR filed against an accused, who serves with the Indian Army, for an offence u/s 376 and 506 of the Ranbir Penal Code.

The Court, while considering all the facts of the case noted that the allegations levelled against the accused in the FIR were so absurd and inherently improbable that on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

The Court further observed that the FIR was manifestly attended with mala fide intention with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to a private and personal grudge.

As per the facts, the rape case was filed by a woman against the accused alleging that he subjected her to sexual assault on the promise of marriage. In pursuant to her complaint, the accused approached High Court seeking quashing of FIR registered against him, for the commission of offences under Sections 376 & 506 of Ranbir Penal Code(RPC).

The Court during the course of proceedings observed that the complainant herself admitted that she had a relationship with accused since 2010 and also that there was a love affair between them. It was also noted that as per complaint, the woman herself visited various places with accused and indulged into a sexual relationship. Justice Gupta said,

Now-a-days there are cases where boy and girl having love affair, indulging into sexual relationship and ultimately ending into a breakup. Undoubtedly that amounts to consensual sexual relationship as they were in love with each other.”

It was further maintained, that a major woman and who is educated too, should take her full responsibility of having a sexual intercourse with a man before marriage and further added that "In the event of consent obtained by fraud, inducement is a necessary ingredient."

In the present case, there was nothing on record from which it can prima facie be proved that intention of accused was fraudulent right from the beginning and it was apparent from the facts that the rape complaint had been lodged when the alleged accused in the case refused to solemnize marriage with her.

Justice Gupta observed that sexual indulgent in such cases may amount to consensual one and not rape as defined in Section 376 of the Ranbir Penal Code.

"Promise to marry cannot be said to be an inducement in all cases, it differ from facts of case. Thus, promise to marry in all cases cannot  be a condition precedent to have sex.”

The Court while quashing the FIR ruled that except the bald version of the prosecutrix, there is nothing on record from which it can prima facie be proved that intention of accused was fraudulent since the inception of the relations between the two.

Ranbir Penal Code
Rape Case
Section 376 of the Ranbir Penal Code

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