New Delhi: During the hearing of the misdemeanour case, the Delhi High Court has said in one of its decisions that having sex on the pretext of marriage is not rape. The Delhi High Court held that sexual intercourse for a long time by mutual consent cannot be categorized as a misdemeanour and a lawsuit of liberty cannot be filed on the grounds of having sex for a long time and then later refusing to marry.
The Delhi High Court made this remark, upholding the Lower Court's decision to acquit the accused in a similar alleged rape case. Justice Vibhu Bakhru dismissed the appeal against the Lower Court. He said that both the woman and the accused had a mutual relationship for a long time. The court also said that the woman has also delayed the filing of an appeal against the decision of the Lower Court by 640 days. The High Court has said in its judgment that it may be understandable to give the temptation to promise marriage to sex and the victim's fallacy in such a manner, but the promise of marriage over a long and indefinite period of physical relationship cannot be given.
The High Court has said that the woman's complaint, as well as her testimony, clearly shows that her relationship with the accused was made by consent. The Delhi HC has stated that according to the woman's complaint, she had sexual relations with the accused in 2008 and promised to marry her after three or four months. After this, she started living with the young man. The court said that the woman also alleged in the complaint that she was pregnant twice. Due to the lack of interest of the accused child, she brought medicines which helped her in the abortion.
The court has said that the woman does not even remember when she became pregnant and when she miscarried. In view of lack of evidence and other aspects, the High Court dismissed the woman's appeal against the Lower Court's decision. On March 24, 2018, the lower court acquitted the accused of misdemeanour charges due to lack of evidence.
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