Failed promise of marriage after long-term consensual relationship, not rape: court

The Uttarakhand High Court has held that where two adults are involved in a long-term consensual relationship, the subsequent inability to fulfill a promise of marriage cannot be categorized as rape under Section 376 of the IPC unless it is proven that the promise was false from the outset. In the case under investigation, a woman from Mussoorie accused Suraj Bora of engaging in physical relations on the pretext of marriage, which he later refused after securing marriage within 45 days. After the investigation, the police filed a complaint, which Bora challenged in the Supreme Court.

The defense argued that both parties were adults and had maintained a consensual relationship for an extended period of time. As stated, “There is no concrete evidence in the FIR to show that the intention of the accused was fraudulent at the inception of the relationship. It was merely a ‘failed relationship’ and initiating criminal proceedings would amount to abuse of legal process.”

On the other hand, lawyers representing the state government and the woman opposed the petition. They argued: “The victim’s consent was based solely on the assurance of marriage, which the suspect was later unable to fulfill.” They further added: “Whether the promise was false from the outset can only be determined at trial on the basis of evidence; therefore, the proceedings should not be quashed.”

Judge Ashish Naithani said during the hearing: “The consent of an adult woman is not affected merely because the relationship did not culminate in marriage. For it to be considered an offense under Section 376, it must be shown that the promise of marriage was merely a means of obtaining consent and that the accused never intended to marry.”

The court noted that both parties were in a long-term relationship and had repeated physical relations, which indicated mutual consent rather than initial fraud. The Supreme Court ruled that continuing criminal proceedings without concrete grounds would amount to intimidation of the suspect. The criminal case pending before the Chief Judiciary, Dehradun, and the charge sheet dated July 22, 2023, against Suraj Bora were completely quashed by the Supreme Court.

– Ends