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Supreme Court acquits rape convict, says 'not necessary that every breach of promise to marry is false'

The top court was hearing an appeal assailing the decision of the Delhi High Court which had upheld the order of the trial court convicting the accused-appellant for rape under Section 376 IPC.

Supreme Court acquits rape convict, says 'not necessary that every breach of promise to marry is false' AJR
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First Published Jan 31, 2023, 10:51 AM IST

The Supreme Court on Monday (January 31) said that it would be incorrect to treat each and every breach of promise to marry as a false promise and prosecute a person for the offence of rape under Section 376 of the Indian Penal Code (IPC).

A bench, comprising of Justices Ajay Rastogi and Bela M Trivedi reviewed the case and said that one cannot deny a possibility that the accused might have given a promise with all seriousness to marry the prosecutrix, and subsequently might have encountered certain circumstances unforeseen by him or the circumstances beyond his control, which prevented him to fulfill his promise.

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With this, the court acquitted a person convicted by the courts below for rape.

The top court was hearing an appeal assailing the decision of the Delhi High Court which had upheld the order of the trial court convicting the accused-appellant for rape under Section 376 IPC.

It is reportedly said that the prosecutrix was a married woman with three children. The appellant was residing in a tenanted premises which was situated in front of the prosecutrix house. The prosecutrix developed a liking for the accused, and both started having sexual relationship.

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In 2011, prosecutrix delivered a child fathered by the accused and went to the native place of the accused in 2012 where she came to an understanding that the accused-appellant was already married and had children. However, she still continued to live with the accused in separate premises.

In 2014, the prosecutrix took divorce by mutual consent from her husband and permanently left her three children and her husband. However, in 2015, the she lodged a rape complaint alleging that she had consented for sexual relationship with the accused only as the accused had promised her to marry but he subsequently went back on that promise.

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