HIGH Court of Madhya Pradesh while rejecting a petition filed by an accused man of raping a woman on the false promise to marriage said that “A woman’s body is not a man’s plaything.”
Earlier in another case, the High Court had stated that consent obtained for sexual intercourse on the promise of marriage is “not free consent” and police are completely right in registering a rape case. The court repeated the same earlier while hearing a petition filed by Bhopal resident Rajeev trying to seek dismissal of rape charges filed against him by his ex-fiancé.
Rajeev while using Facebook had established friendship with a dance teacher and proposed to marry her, which she accepted. The marriage got fixed although Rajeev’s mother opposed to it, told the police. The complaint states that he got her into a sexual relationship by convincing her that she should not have any problem since they were going to get married anyway. However, he broke his promise, forcing her to lodge an FIR, accusing him of rape.
Judge Sushil Kumar Palo was absolutely convinced that Rajeev had made a promise to marry the girl to get her consent for sex, quoted a Apex Court order to state: “A woman’s body is not a man’s plaything and he cannot take benefit of it in order to fulfil his lustful desires by fooling a woman into giving consent to sex only because he wants to participate in. The accused in this case has committed a horrible act and totally deserves to be punished accordingly.”
The judge further added: “On the interpretation of legality and facts, the court believes that the petitioner violated the woman’s privacy of indulging in sexual intercourse in order to satisfy his lust while knowing that he would not marry her. Therefore, he has clearly committed an act of fraud, misleading her to believe that he would marry her.” The court thus, allows the police to go ahead with the rape case.