Making a crucial observation on the need for a specific legal framework to deal with cases of sexual exploitation of women, Allahabad High Court exhorted the legislature to bring a law to punish those who obtain consent for establishing sexual relationship with women on false promise of marriage.
In its observation, the bench headed by Justice Pradeep Kumar Srivastava, said that the feudal mindset and male chauvinism that women were nothing but an object of enjoyment was needed to be addressed and strictly dealt with in order to create a healthier society.
While hearing a criminal appeal filed by the accused, currently in jail, against rejection of his bail plea by the lower court in the case registered against him under Section 376 of IPC and Section 3(2)5 of SC/ST Act, the court observed that the accused actually never wanted to marry the victim who was in love with him.
The court also noted that the accused had malafide intention and had made a false promise to the woman to marry her only to satiate his lust. The court said that the case certainly fell within the ambit of cheating and playing deception to obtain consent for sex.
The case under consideration of the High Court pertained to a woman police constable who belonged to scheduled caste and was called by the appellant accused in a hotel room to finalize their marriage and prepare the relevant documents for the purpose. However, in the hotel room, the accused allegedly raped the woman.
Consequently, she lodged an FIR the same day and got her statement registered with the inquiry officer under Section 161 and before a magistrate under Section 164 of CrPC.
Dismissing the plea of the accused, the court also observed that till a law to protect the victim of such deception was framed, the court should take into consideration the social reality and continue giving protection to such women who suffer on account of false promise of marriage.
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