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The Gujarat High Court was hearing a case in which the accused had sought quashing of the rape FIR filed against him.
Aditi Sharma live Hindustan, SuratSun, 22 Sep 2024 11:27 AM Share
While hearing a case, the Gujarat High Court has quashed the FIR registered against a man for raping a girl by promising to marry her. The court has said that a rape case under section 376 cannot be registered against a man in every case where he is unable to marry the girl despite promising to do so. The court said that the boy can be held guilty in such cases only if it is proved that the boy had no intention of fulfilling the promise and it was done only so that he could have physical relations with the girl with her consent.
The Gujarat High Court gave this decision after hearing the petition in which the man had demanded the dismissal of the FIR filed against him in the year 2019. The girl alleged that the accused had physical relations with her by promising marriage. After this, the accused called her to his farm house and then had physical relations. After this, as soon as the girl came to know that she was pregnant, she told the accused. The girl alleged that the accused refused to believe that she was pregnant and reneged on the promise of marriage. After this the girl went to the police and an FIR was registered.
The accused said that even if it is assumed that the allegation of promise of marriage is true, even then this case cannot be considered a case of rape. It was argued on behalf of the accused that the girl gave birth to a child 6 months after the incident. When his DNA test was done, it was found that the accused was not his father. It was further argued that during the hearing, the girl got married and despite notices being sent, she did not come to the court for a single hearing, which shows that she has no interest in taking the case forward.
The court said that the word love itself is consent and hence it cannot be said that the boy raped the girl who was in love with him.
