Pre-marital sex is "immoral" and against the "tenets of every religion", a Delhi court has said while holding that every act of sexual intercourse between two adults on the promise of marriage does not become rape.
Additional sessions judge Virender Bhat also held that a woman, especially grown up, educated and office-going, who has sexual intercourse on the assurance of marriage does so "at her own peril".
"In my opinion, every act of sexual intercourse between two adults on the assurance of promise of marriage does not become rape, if the assurance or promise is not fulfilled later on by the boy," the judge said.
"When a grown up, educated and office-going woman subjects herself to sexual intercourse with a friend or colleague on the latter's promise that he would marry her, she does so at her own peril. She must be taken to understand the consequences of her act and must know that there is no guarantee that the boy would fulfill his promise. "He may or may not do so. She must understand that she is engaging in an act which not only is immoral but also against the tenets of every religion. No religion in the world allows pre-marital sex," the court said, while acquitting an employee with a multinational company of the charges of rape.
The 29-year-old man, a resident of Punjab, was arrested by police after a month, when the woman, doing a secretarial and administrative job at a private company here, lodged a complaint of rape against him in May 2011.
In her complaint, the woman, who is an orphan, had alleged that the man, whom she had met through a chat website in July 2006, used to have physical relations with her on several occasions by promising to marry her.