Orissa HC holds consensual sexual relationship on false promise of marriage is not rape

The Orissa High Court on May 21, 2020 {G. ACHYUT KUMAR vs STATE OF ODISHA} held that the victim being a major girl with sound mind, there seems to be no question of anyone being in a position to induce her into a physical relationship under an assurance of marriage.

The Single Judge of HC, JUSTICE S.K. PANIGRAHI, further held that the law holding that false promise to marriage amounts to rape appears to be erroneous. It was held that since the framers of law have specifically provided the circumstances when ‘consent’ amounts to ‘no consent’ in terms of Section 375 of I.P.C., hence consent for the sexual act on the pretext of marriage is not one of the circumstances mentioned under Section 375 of I.P.C.

The Session Court had refused to grant bail to the appellant/ accused in present case. The HC held that alleged conduct of the appellant, may not be a generally approved social conduct but the instant case is riddled with some visible contradiction of facts.

Accordingly, the HC allowed the appeal and directed that the Court in seisin over the matter will enlarge the accused on bail.