July 23, 2010
NAGPUR: The Bombay High Court has ruled that sexual relationship with a woman on a false promise of marriage does not amount to rape.
Acquitting a Yavatmal man in a rape case, the single bench High Court here observed that sexual relationship after promising marriage and reneging on it does not amount to rape.
Justice Ambadas Joshi set aside the Yavatmal Session Court order convicting Sandip Rathod (now 42) under IPC section 376 (rape). The victim was allegedly 16 years old in 1996.
The court said the victim's age has been proved to be around 18 when the incident occurred.
Rathod, then 30 years old, was serving at a forest office near the victim's house. He developed physical relations with her and promised marriage. She informed her parents when she became pregnant and Rathod was arrested following a complaint lodged by her parents.
Charged with repeatedly having sexual relations with an then "underaged" girl on and before November 11, 1996, the sessions court sentenced him to 10-year rigorous imprisonment.
Two years later, the convict moved the High Court.
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