MUMBAI: In a remarkable judgement granting pre-arrest bail to a 21-year old youth, the Bombay High Court said a promise to marry cannot be considered an inducement in every rape case.
The judgement was delivered by Justice Mridula Bhatkar in a case filed by a girl accusing her former boyfriend of rape following their break-up.
“In case of consent got by fraud, inducement is a key element. There should be some substantial evidence on record proving that the girl was induced to such an extent that she was ready to get intimated. In such type of cases, promise to marry cannot be considered as an inducement,” said Justice Bhatkar
The court focused on the increased tendency of criminal prosecutions for rape that is initiated after the end of a relationship and said it needs to take an objective view in the matter.
“In our society, having pre-marital sex has been considered a taboo and states that it’s a morality of women to be a virgin till the time of marriage. However, with the time and generation, society is trying to be liberated but carries the baggage of different notions of morality wherein sex before marriage is a matter of censure. Now in such situations, a woman who is in love with a boy forgets that to have sex is her option like her counterpart’s but refuses to take responsibility for her decision,” Justice Bhatkar added.
The court also pointed out its earlier judgements where it had held that a woman must be aware of the after-effects of a pre-marital sexual relationship if she is an adult and also educated.