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.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. OF 2014
[Arising out of SLP(Crl.) No.9014 of 2013]

VINOD KUMAR …..APPELLANT

Versus

STATE OF KERALA…RESPONDENT

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.”

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