Cuttack: In an important judgment, the Orissa High Court on Saturday ruled that sexual relationship with a woman on consensus doesn’t amount to rape.
While hearing a bail petition, a single –bench judge comprising justice Sanjeev Panigrahi observed that sexual relationship with woman on the pretext of marriage cannot be considered as rape.
In such incident, criminal law for rape can’t be used, the court ruled.
As per the bench headed by Justice Sanjeev Panigrahi, holding that false promise of marriage amounts to rape appears to be erroneous as the ingredients of rape codified under Section 375 of the IPC do not cover it.
The bench, while passing such a ruling, directed the lower court to grant conditional bail to an accused arrested under such an allegation.
As per the complaint, the accused had kept physical relationship with an adult woman on the promise of marriage. But, he failed to keep his promise.
The woman had lodged a complaint in this regard based on which police arrested the accused and forwarded to court.
The accused moved a bail petition in the lower court which rejected the plea. He challenged it in the High court.
