Continuing Physical Relations On Promise To Marry Despite Family's Caste-Objections Shows Dishonesty, Constitutes Rape: Delhi High Court

The Delhi High Court has observed that continuing physical relations with a woman knowing that the marriage is impossible, based on a false promise to marry from the inception, would constitute the offence of rape.“The accused's conduct of continuing physical relations over an extended period while knowing fully well that marriage was not possible in his family on account of caste considerations, indicates that the promise to marry was made dishonestly, solely to obtain sexual favours. Such a promise, made without intention to perform it from the inception, squarely falls within the ambit of Section 376 of IPC as recognised by way of judicial precedents,” Justice Swarana Kanta Sharma. The Court ordered framing of charges of rape and criminal intimidation against a man, accused of continuously making physical relations with a woman on repeated occasions, each time reassuring her that he would marry her shortly.The plea was filed by the Delhi Police challenging the trial court order discharging the accused in the case on the grounds that the FIR was registered after a delay of more than two and a half years, thag the prosecutrix neither raised alarm nor lodged an immediate report, that there was no medical evidence to support her version and that the alleged obscene videos purportedly used for threatening her were not recovered. It was the woman's case that on the basis of continuing assurance of marriage and under the apprehension that the videos might be misused, she submitted to repeated sexual acts with the accused over a period of time.It was alleged that the reason given by the accused of refusing to marry was that his family was conservative and did not permit inter-caste marriages and since the prosecutrix belonged to a different caste, the marriage was not possible.Disposing of the plea, the Court said that it was apparent that the accused was aware of the caste of the prosecutrix from the very inception of their relationship. It added that when the accused later cited the caste difference as the sole ground for refusal, it prima facie supportted the inference that he was conscious of this impediment from the very beginning.“His professed intention to marry was, therefore, illusory from the start, as he already knew that such a marriage would not be accepted by his family. In view of these specific and allegations, this Court finds that the factual matrix prima facie discloses a case where the prosecutrix was induced into sexual relations under a false pretext of marriage, which the accused never intended to fulfil,” the Court said.Further, on the charge of IPC criminal intimidation, the Court noted that the prosecutrix specifically alleged that on one day, the accused threatened to kill her if she continued to visit or bother him or insisted on marriage.The Court also noted that as per the woman, the accused had stated that “we will eliminate and dump you where even God cannot trace your body” and also threatened to kill her family. It concluded that the said allegations, taken at their face value, prima facie disclosed the commission of an offence under Section 506 of IPC.“Accordingly, the impugned order is set aside to the extent noted above. The respondent/accused is found liable to be charged for the commission of offences punishable under Sections 376 and 506 of the IPC. The learned Trial Court shall frame the charges accordingly and proceed with the trial in accordance with law,” the Court said.Title: STATE (GOVT OF NCT OF DELHI) v. GAURANG KADYANCitation: 2025 LiveLaw (Del) 971Click here to read order

Continuing Physical Relations On Promise To Marry Despite Family's Caste-Objections Shows Dishonesty, Constitutes Rape: Delhi High Court

Nupur Thapliyal

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