Rape cases are usually filed by the victim if the relationship breaks off after the promise of marriage or continued sexual intercourse. In the complaint of the case, the word 'rape under the inducement of marriage' is written. Both Bangladesh and India have such laws. However, the Calcutta High Court has opined that no man can be accused of rape on the basis of the complaint of an adult woman without proof.
The High Court has dismissed the lower court's verdict in a case related to the allegation of physical relationship by promise of marriage in West Bengal state's Bankura. Justice Ananya Banerjee said in the judgment that without admissible evidence, the woman cannot claim that the man had sexual relations with her on the promise of marriage.
Justice Ananya while settling the case said, 'The lower court has given importance to a specific statement of the plaintiff woman. The complainant herself admitted that she had intercourse with the man voluntarily and without any protest or resistance. Later, he again accused the male partner of rape.;
Justice Ananya further said that cheating by false promise of marriage is a 'concept'. Thus a grown woman cannot use this excuse or concept against anyone.
The accused was sentenced in the lower court in that case. His lawyers said that the police had registered the crime of rape in a case of sexual relations with the promise of marriage in Bankura's Chatna police station.
Lawyers claimed that there was a love affair between the two of them. Later got separated. In the case, the Bankura Additional Sessions Court on July 12, 2011 convicted the accused under Section 376 (rape) of the Indian Penal Code (IPC). He was sentenced to 7 years rigorous imprisonment. Later, the accused approached the High Court challenging the verdict. However, he was on bail for so long.
Disposing of the case on Tuesday, Justice Ananya Banerjee observed that if a grown-up woman engages in sexual relations with someone, on the basis of complete mutual consent, then it cannot be said that the woman has been cheated by her partner without proper proof. A person who voluntarily and without any resistance engages in sexual intercourse with his partner cannot subsequently accuse him of cheating, unless he has strong evidence to that effect.
