'WOMAN CANNOT FILE "RAPE CASE" AGAINST MAN IF...' SUPREME COURT'S JUDGEMENT

According to the recent judgement of SC, No matter how long a woman remains in a relationship with a man and involve in consensual sex, she cannot accuse him of rape if the man refuses to marry her. The verdict was given by Justice D Y Chandrachud after he dismissed the rape case filed by an assistant commissioner of sales tax against a deputy commandant of CRPF.

The complainant had filed an FIR against the CRPF commandant saying that he made promises to marry her when they established a sexual relationship in 2008 but refused to keep up the promise later. Reportedly, both of them were in a  relationship and visited each other's house for a long time.

As per TOI, the woman knew the CRPF deputy since 1998 and allegedly he forced a sexual relationship with the woman on the promise of marriage in 2008. In 2014, the man refused to marry her raising concerns on the ground of caste. However, both of them continued their relationship by visiting each other's house until 2016 when he told her about the engagement with another woman. Therefore, the woman filed an FIR against the CRPF deputy commandant seeking justice for cheating her with false promise.

The Supreme Court bench headed by Justice D Y Chandrachud ruled out the woman's allegations saying that there is a difference between "False Promise and a “Breach of Promise". He said when the intention of the maker at the time of making promise itself is not clear and a woman "despite knowing that he tries to deceive her" continues to be in a physical relationship (consensual), then there is a misconception and it comes under "false promise". On the other hand, a "Breach of promise" cannot be a "false promise" which is very obvious.