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High Court: Educated Girl once ditched by boyfriend can’t cry Rape for Pre-Marital Sex

January,21,2017:

No Rape in Pre Marital Sex with consent
No Rape in Pre-marital Sex with consent

There is a rising trend of criminal prosecutions for Rape initiated after the end of a relationship.

A promise to marry can’t be considered an inducement in every rape case, the Bombay HC has ruled while granting pre-arrest bail to a 21 year old man after his former girlfriend lodged a case of rape following their break up.

Justice Mridula Bhatkar held that a girl who is educated & has given consent to have premarital sex should take responsibility for her decision.

Justice M Bhatkar said that in the event of consent being obtained by fraud, inducement must be proved. Some material should be there on record to believe prima facie that girl was induced to such an extent that she was ready to have sexual intercourse. Promise to marry can’t be said to be an inducement in such types of cases.

The judge said that though society has been changing, it certainly carries the baggage of morality. Since generations, there is a moral taboo that it’s responsibility of a woman to be a virgin at the time of her marriage. However, now, the young generation is exposed to different interactions with each other & is well informed about the sexual activities.

Under such circumstances, a woman who’s in love with a boy forgets that it’s her option to have sex is like her counterpart’s but still refuses to take responsibility for her own decision.

 The HC pointed to the rising trend of criminal prosecutions for rape initiated just after the end of the relationship & also said that the court needs to take an objective view & balance life & liberty of the accused with the sufferings of the girl.
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