Rakesh Bhatnagar / DNA
Tuesday, February 2, 2010 1:24 IST
New Delhi: The Delhi high court on Monday held that sex without marriage
amounted to rape.
The court rejected pre-arrest bail to a man who repeatedly had sex with
a woman but refused to marry her even after their engagement.
The woman stayed with her fiance, Nikhil Prasar, in Mumbai for a few
days, "where they had fun, and then went to Delhi and stayed in a
hotel where they had sex".
When it came to fixing a date for marriage, however, Nikhil refused, on
the grounds that he had learned that she belonged to a different caste.
The woman complained to the police and a rape case was registered.
Justice VK Jain said the caste factor was an afterthought by Prasar, who
then absconded. Could he marry "any girl merely because she belonged
to a particular caste or sub-caste, even if he did not approve of her
personality, temperament, education, culture, upbringing, and family
background", the court asked.
"The answer can, obviously, be in the negative," justice Jain said.
He said it appears that the man did not intend to marry the woman and
that was why he did not wait for sex even till his formal engagement
with her.
If he were so orthodox and conservative that he broke the marriage owing
to caste differences, he should not have hurried in for sexual
intercourse before marriage, the justice said.
The court held that if it was not held as rape, it would "result in
unscrupulous and mischievous persons taking undue advantage of innocent
girls by promising marriage with them".
Sexual intercourse before marriage amounts to rape or it will result in
victimisation or exploitation of innocent girls, justice Jain said.
http://timesofindia.hotklix.com/Hotklix/link/News/India/Sex-before-marri/
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