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"The so called consent under a false promise to marriage is no consent. Accordingly, the consent obtained in establishing physical relationship like husband and wife under false promise to marry the latter is no consent as per law," Additional Sessions Judge Mahavir Singhal said.
Enumerating the difference between ‘will’ and ‘consent’, the court said that a nod for sexual relations obtained by a man on the false pretext would not amount to a ‘legal or valid’ consent to save him from punishment for rape.
Even if the woman is assumed to be a willing partner in the physical relations, the fact that the accused had no intention to marry her would make it a case where the consent was given under a misconception of fact, nullifying the efficacy of the nod, it observed in an order on Wednesday.
In the present case, convict Chhotey Lal, father of six children, had eloped with her neighbour in east Delhi on September 2, 2004 and took her to various places including Jaipur and Chandigarh.
According to the girl, the duo established sexual relations after Lal assured that he would get married to her very soon. Meanwhile, the girl's father got a missing report lodged with the police.
Lal and the girl were detained by the police on March 3, 2005 at Sarai Kale Khan Bus Terminal while they returned to Delhi and the accused was prosecuted for the offences of rape after abducting the victim.
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Ratingany women friendship.
To avoid confusion, from here onwards people should execute a 'statutory declaration' of 'consent'. It is no joke, as a learned judge and a team of barristers argued it out for a full day and finally agreed in a western court that a woman's 'no' could actually mean 'yes', 'maybe' or EVEN a 'no'. Let us not berate our less initiated countrymen !
Funny. So if someone divorces after marriage, the old relationship will become rape? Pathetic judges of Lower Courts :-)
When there is a strong executive (like Indira Gandhi) or a political party like CPM, courts never play any games. Courts find their activisam from Mr.TN Sheshan, who run like a mad bull across the country. If the courts did not stop these activisam, they will find themselves in a very tight spot soon. They must understand their limits. Cammunists call their bluff very easily.
Actually, our Judges from all courts up to supreme court are pathetic. Though we have got our independence from the British, these guys still hide under the contempt of court clause to fool us (this clause was there to protect British Judges when they were ruling us). In the U.S and UK, judges as well as judgment can be laundered in public...our judges NOT only need proper leagl education but also basic education as how to live in a cvilized society.
It's lead to cheating
This judge is a nut...
This judgement puts this Delhi judge in par with Saudi Arabia judge. Judiciary is expected to uphold law in Indian penal code. I am curious to know which law is broken here.
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