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Calcutta High Court acquitted a man of rape for a broken promise to marry, after finding that the woman had voluntarily entered the sexual relationship because she was in love and “not because he promised to marry her.”
The Court was hearing an appeal against a 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.
The woman in her statement to police said she had consented for the sexual relationship on being persuaded by the promise of marriage given by the petitioner.
"If a woman tricks a man under false promise of marriage, she can't be prosecuted. But a man can be prosecuted for the same offence. What kind of law is this?" said Justice A. Muhamed Mustaque.
Kerala High Court observed that if a woman tricks a man under false promise of marriage, she can't be prosecuted. But a man can be prosecuted for the same offence.