The Madhya Pradesh High Court ruled that a married woman cannot claim her consent was obtained through a false promise of marriage. The court dismissed the rape case, stating that such consent does not qualify as “misconception of fact.”
The Rajasthan High Court ruled that a married woman has the right to live with her lover if she chooses, dismissing her husband’s habeas corpus petition and affirming that no adult woman can be forced to stay in a relationship against her will.
The Bombay High Court ruled that breaching a marriage promise due to parental opposition does not amount to rape, emphasizing the distinction between breach of promise and not fulfilling a false promise under Section 375 of the IPC.
The Madhya Pradesh High Court has ruled that unnatural sex with a legally wedded wife, who is at least 15 years old, does not constitute an offence under Section 377 of the IPC. The court emphasized that marital consent issues are irrelevant in such cases, reinforcing that marital rape has not been recognized in this context.
The Bombay High Court has quashed an FIR and chargesheet for rape based on a false promise of marriage, ruling that the victim understood the nature of the act. The court found no deceitful intent in the applicant’s desire to marry and noted that the consent was not obtained through misrepresentation.
The Orissa High Court recently acquitted a man accused of rape, stating that the victim’s lack of resistance suggested consent. The court’s decision emphasizes that for an act to be deemed rape, there must be clear evidence of resistance and force.
The Kerala High Court ruled that a sour relationship does not constitute rape, granting bail to Advocate Navneeth N Nath, who was accused of sexual assault by a colleague.
The Supreme Court’s recent decision has expanded the definition of rape under the Medical Termination of Pregnancy Act to include marital rape, emphasizing women’s rights and access to medical termination services in cases of sexual assault within marriage.
The MP High Court highlights the legal disparity between breach of promise and false promise of marriage, as it quashes criminal proceedings against a man accused of the latter.
The Orissa High Court acquitted a man accused of raping his sister-in-law, ruling that her lack of resistance, given her age and sexual experience, indicated consent. The case highlights complexities in interpreting consent in sexual assault cases.
