To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise,.
The Supreme Court (on January 03), while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship.
Knowing that the chance of getting married was remote, no prudent woman would consent to sexual relations under the guise of misconception of fact, the Court said.
The Allahabad High Court recently quashed a rape case against a man who was booked after he refused to marry a woman with whom he was in a relationship for several years with her family's approval.