RISE IN CONSENSUAL RELATIONSHIPS RESGISTERED AS RAPE CASES NOTED BY GUJARAT HC

by | Sep 23, 2024

Headline

The Gujarat High Court Quashes Charges of rape against man who was accused of fake promise of marriage.

Summary

The Gujarat High Court revoked charges of rape against a man who is accused of a sexual relationship with a woman on a false promise of marriage. The Gujarat High Court stated that failure to marry after consensual sexual relations does not constitute to rape automatically.

Key Facts

  • Judge Name: Justice Divyesh Joshi  
  • Accused and the complainant were in a relationship for almost one and half years.  
  • The complainant got pregnant, but DNA evidence was different and showed the accused was not the father of the child.
  • The Gujarat High Court held that consensual relationships cannot be retroactively termed as rape merely on unfulfilled promise of marriage.

Legal Insights

The Gujarat High Court stressed that a conviction on rape based solely on a promise of marriage needs a solid proof that the man never intended to marry from the outset.

Impact

The ruling of the Gujarat High Court shed light on that there should be legal boundaries in cases of consensual sexual relationships, reducing misuse of rape laws.

Why It Matters

The judgment showcases the increase in cases of consensual sexual relationships being misrepresented as rape, influencing future interpretations of consent and marriage promises.

Source

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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