Having sex with woman on false promise of marriage is rape: High Court

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."