Delhi High Court- Having sex with woman on false promise of marriage is #Rape #Vaw


PTI : New Delhi, Sun Jun 09 2013,
High courtHaving sex with woman on false promise of marriage is rape: High Court. (Reuters)
Having sexual relations with a woman on false promise of marriage amounts to rape, the Delhi High court has said.”Having sexual relations with a woman against her will or without her consent also amounts to rape under the IPC. If the consent was obtained on a false assurance or promise of marriage, the consent cannot be considered to be full and free and it would be a case of rape,” Justice R V Easwar said.The court made the observation while rejecting anticipatory bail plea of Abhishek Jain in a case lodged by his wife alleging that he had sex with her prior to their

marriage on the promise that he would marry her.

In her complaint, the woman also said that he married her only after she lodged the case with police against him.

“It would prima facie appear that the marriage was gone through only to persuade the complainant to withdraw her complaint of February 25, 2013.

“Immediately after the marriage, the applicant started physically abusing the complainant, apparently, in the hope that she would leave him, but when she filed a complaint, the accused was forced to apply for bail,” the court said.

The woman had filed a complaint in February, 2013 with the Rani Bagh Police Station alleging that on several occasions before the marriage, the applicant (Jain) had raped her after falsely promising to marry her.

However, on March 4, 2013, the applicant and the complainant got married at the Arya Samaj Vivah Mandir, Ghaziabad and the marriage registration was done by the

Registrar, Hindu Marriages, Ghaziabad, the complaint said.

Referring to the contents of the FIR lodged by the woman against her husband, the court said, “The FIR narrates the physical abuse which the complainant had suffered at the hands of the applicant after the marriage…The FIR further narrates that the accused even used to tell the complainant that ‘he had married me (her) only to make me withdraw the complaint.’

“Several instances are narrated in the FIR about threats and physical abuse suffered by the complainant not only from the applicant but also by his family members who had conspired together to cheat her and get her married to him only to make her withdraw the complaint of rape against him.”

 

Haryana – Ex-Armyman kills daughter for ‘honour’ #Vaw #honourkilling


TNN | Mar 30, 2013, 02.02 AM IST

ROHTAK: In a case of honour killing, a retired Army man allegedly strangulated his married daughter to death in Sherla village of Bhiwani district on Thursday, for tying the knot against his wishes.

The family cremated the body without informing the police in an attempt to destroy the evidence. The police, however, rushed to the village late Thursday after getting tipped off by some villager and started investigation. The police also contacted the victim’s husband, who lodged a complaint suspecting that she had been killed by her father.

The police registered a case under Section 302 (murder) and 201 (destruction of evidence) against Satpal, the accused father, and arrested him on Friday. According to police, the victim, identified as Shashi Rani, 21, was a student of BA final year in Hisar. She was having an affair with a youth Gautam Singh Khapadwas, 23, from a village in Bhiwani, who was also a student in the same college.

Police officers said the victim approached her family revealing about their relationship and expressed willingness to her. Though both did belonged to different castes, her father still objected to it and rejected the marriage proposal.

However, they eloped from their houses on February 28 and tied the knot at an Arya Samaj temple in Bahadurgarh of Jhajjar district the same day. The couple started living at a rented accommodation in Hisar after the marriage. However, the victim’s husband alleged that her father took her back to their village about a week back on the pretext that they had accepted the marriage.

Behal police SHO Ashok Sharma informed TOI that police rushed to the cremation ground on Thursday evening after some village informed about unnatural death of a young woman. The deceased’s father stated that she had died of electrocution during ironing clothes but failed to provide convincing replies to police questioning and finally confessed to have killed her on Thursday.

 

 

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