Monthly Archives: May 2014

Supreme Court-Sex on Promise of Marriage is no Rape

The supreme court made it clear
that allegations of sex on promise of marriage can not amount to rape if both the persons are adults and
intelligent enough to understand
their relationship.

[Arising out of SLP(Crl.) No.9014 of 2013]




The court in its decision said that-”
We are in no manner of doubt that in the conspectus that unfolds itself in the present case, the prosecutrix was aware that the Appellant was already married but, possibly because a polygamous relationship was not anathema to her because of
the faith which she adheres to, the prosecutrix was willing to start a home with the Appellant. In these premises, it cannot be concluded beyond reasonable doubt that the Appellant is culpable for the offence of rape; nay, reason relentlessly points to the commission of consensual sexual relationship, which was brought to an abrupt end by the appearance in the scene of
the uncle of the prosecutrix. Rape is indeed a reprehensible act and every perpetrator should be punished expeditiously, severally and strictly. However, this is only
possible when guilt has been proved beyond reasonable doubt. In our deduction there was no seduction; just two persons fatally in love, their youth blinding them to the
futility of their relationship.”

Direction of Supreme Court in Rape Case

Under Article 142 of the
Constitution, we are pleased  to
interim directions in the form of
mandamus to all the police
station in charge in the entire country to follow the direction of  this  Court which are as follows:

(i) Upon receipt of
information relating to the
commission of offence of rape, the Investigating Officer shall make immediate  steps to
take the victim to any
Metropolitan/preferably Judicial  Magistrate for the
purpose of recording
her statement under  Section
164 Cr.P.C. A copy of the
statement under Section 164
Cr.P.C. should be handed over to  the Investigating Officer immediately with a specific direction that the contents of such statement under Section 164 Cr.P.C. should not be
disclosed to  any  person till
charge sheet/report under
Section 173 Cr.P.C. is filed.

(ii) The Investigating Officer shall as far as possible take
the victim to the nearest Lady Metropolitan/ preferably
Lady Judicial Magistrate.

(iii) The Investigating Officer  shall record specifically the
date and the time at which he learnt  about the commission of the offence of rape and the date and time at which he took
the victim to the Metropolitan/
preferably Lady Judicial
Magistrate as aforesaid.

(iv)  If there is any delay
exceeding 24 hours in taking the
victim to the Magistrate, the Investigating Officer should record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate.

(v) Medical Examination of
the victim: Section 164 A Cr.P.C.
inserted by  Act 25 of 2005 in Cr.P.C.  imposes an obligation on the part of Investigating Officer to get the victim of the rape
immediately  medically examined. A copy of the report
of  such medical examination
should be immediately
handed over to the Magistrate
who records the statement of the victim under Section
164 Cr.P.C.