Madhya Pradesh: In this incident, the High Court of Madhya Pradesh granted bail to the ‘Rape’ accused to marry the victim.
The victim had made allegations against the accused that she was having a love affair with him while she was still married. The accused first has had sexual intercourse with her in 2017. Thereafter, the accused started coming to her house regularly and had sexual intercourse with her on the pretext of marriage. The victim had even divorced her husband on the insistence of the accused. However, later the accused went back on his promise and refused to marry her. Therefore, the victims filed a rape case against the accused.
The accused had been appealing to the Madhya Pradesh HC for bail for a while now but his requests were rejected and denied by Special Judge Dewas. He was trying to seek bail to marry the ‘victim.’
The families of the accused and the victim had agreed to their marriage. The HC granted bail to the accused. “Looking at the fact that the appellant and the prosecutrix are major and now they are ready to solemnize a marriage. In these circumstances, the present appeal is allowed and the appellant is granted temporary bail for two months from the date of release so that during this period the appellant can solemnize the marriage with the prosecutrix”, the court order read. The bail plea was opposed by the Public Prosecutor in the case who contended that there were no sufficient grounds for releasing him on bail.
There is no provision of law expressly dealing with the cases of sexual intercourse on the pretext of marriage. The courts look into the facts and the circumstances of each case to infer whether a case of rape is made out or not. The courts generally look for two things, whether the promise of marriage was the sole reason behind the woman agreeing for the sexual intercourse and whether the promise was dishonest i.e. the man did not have an intention to keep the promise. The courts are usually reluctant to treat the cases of sexual intercourse on the promise of marriage as rape cases and the reason is that many times such cases either arise from the breach of promise to marry or the cases of elopement wherein the parents of the girl charge the boy for rape.