Bhubaneswar, January 9: The Orissa High Court granted bail to a person who was accused of rape under marriage lure.
The single-judge bench of Justice SK Panigrahi ruled that consensual sex under the pretext of marriage does not amount to rape. Justice Panigrahi ruled that false promise of marriage amounts to rape appears to be erroneous as the ingredients of rape codified under Section 375 of the IPC do not cover it.
The court gave conditional bail to the accused under which the person was told to cooperate in the investigation process and not threaten the victim.
What Was The Case?
As per reports, the accused had a physical relationship with a woman from Nimapada on the false promise of marriage. He had taken her to Bhubaneshwar. However, the accused fled away after some days. Following a complaint from the victim at Nimapara police station, the accused was arrested and forwarded to court. Subsequently, the accused moved to High Court when his bail petition was rejected by the lower court.
While delivering the judgment, Justice Panigrahi said that "the intention of the lawmakers is clear on this issue. Rape laws should not be used to regulate intimate relationships, especially in cases where women have agency and are entering a relationship by choice. It is also equally disturbing, many of the complaints come from socially disadvantaged and poor segments of society, rural areas, who are often lured into sex by men on false promises of marriage. The rape law often fails to capture their plight."
