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Consensual sex not a rape if a man fails keeping his promise; says Supreme Court

The Supreme Court said that any consensual sex between a couple can not be called a rape if the man fails to keep his promise of marrying the woman later. A court bench comprising of Chief justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said, “Making a false promise to marry is wrong. Even a woman should not promise to marry and then break away. But that does not mean in a prolonged live-in relationship, sexual intercourse would be categorised as rape.”

The ruling came in connection with a case where a couple was in a relationship for five years and the man eventually moved on to marry another woman. The woman later filed rape charges against him and accused him of having sex with her under the pretext of fake marriage promises.

The advocate for the man observed it dangerous if consensual sex in a live-in relationship results in the slapping of rape charges. Meanwhile, the woman’s advocate told that the man had shown the world that they were living together as husband and wife and that he had also married the woman in a temple but that left her after sexually assaulting her extorting money from her.

Later the man’s lawyer said that the complainant had done the same to two other men. The court bench, protected the man from arrest for eight weeks and asked him to find out from trial proceedings if the prosecution was able to produce any evidence concerned with the allegation.

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