Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification.Emphasising that such an act cannot be executed by a subsequent offer of marriage, a bench of Justice Sanjay Kumar Singh noted that the law does not allow for the acceptance of a compromise in cases where such serious offences have been committed, particularly in matters related to sexual exploitation and coercion. “Such conduct causes irreparable harm to victim's emotional and psychological well-being, severely impacting her trust in humanity and further perpetuating a societal culture that dehumanizes women. This Court is of the view that the applicant's act cannot be executed by a subsequent offer of marriage,” the single judge observed in its order denying bail to a rape accused. The accused had moved the Court seeking bail in a case lodged against him under Sections 376, 376(2)N, 504, 506, 406 I.P.C on the allegations that after solemnizing engagement with the victim, he maintained a physical relationship with her on the pretext of marriage and for seven months and thereafter he refused to marry her. Before the Court, the counsel for the accused argued that the sexual relations were consensual, that the victim had willingly participated in the said relationship and that now the applicant was ready to marry the victim and to take responsibility for her. On the other hand, the AGA opposed his bail plea on the grounds that the allegations against him were serious and supported by the statements of the victim under Section 161 and 164 CrPC and that the applicant not only exploited the victim but also refused to marry her, causing severe mental trauma to the victim and her family. The bench was also apprised that the applicant has a criminal history of five cases, including a case under The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 and Arms Act, 1959 and thus, considering the gravity of the offence and criminal history of the applicant, he should not be granted bail. Having heard the counsel for the parties and examining the matter in its entirety, the single judge found substance in the submission of AGA as he noted that the applicant's actions, as alleged, not only violated the bodily integrity and dignity of the victim but also exploited her emotional vulnerabilities. Thus, emphasising that a compromise cannot be allowed in this case, even if the applicant was now ready to marry the victim, the Court, considering the gravity of the offence, the role assigned to the applicant, the criminal history of the applicant and severity of punishment, rejected his bail plea.Case citation: 2025 LiveLaw (AB) 17

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

Sparsh Upadhyay

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