Love-cheat is jailed for seven years after Indian court rules having sex with a woman on pretext of marrying her is RAPE
- The male love cheat persuaded the woman to have sex by offering to marry her
- Judges ruled her consent was given on a ‘misconception of fact’ and was invalid
- They therefore upheld his conviction for rape and jailed the man for seven years
India’s Supreme Court (pictured) in New Delhi ruled that a man was guilty of rape when he had sex with a woman by pretending he wanted to marry her
A man was guilty of rape when he had sex with a woman after pretending he wanted to marry her, India’s highest court has ruled.
The male love cheat was due to marry another woman but had persuaded the victim, a pharmacy student, to have sex by promising to wed her.
Judges in New Delhi ruled that the woman’s consent had been given ‘on a misconception of fact’ and was therefore not valid.
The man was therefore jailed for seven years by the Supreme Court, reduced from 10 years on appeal.
The two families had even begun to negotiate a marriage and planned a social function based on the man’s false promise of a wedding, judges said.
The man married another woman just weeks after he had invited the victim to stay at his house, where she had travelled by train.
The judges said in their ruling: ‘From the very beginning the accused never intended to marry the woman.
‘He gave false promises to the woman to marry her and on such false promise he had a physical relation with the woman.
‘The woman initially resisted, however, gave the consent relying upon the false promise of the accused that he will marry her.
‘The promise given by the accused to marry the woman was a false promise and from the very beginning there was no intention of the accused to marry her.
‘Therefore, her consent can be said to be a consent on misconception of fact and such a consent shall not excuse the accused from the charge of rape.’
The man and woman had known each other since 2009 and the rape took place in 2013, according to the court.
Condemning the man’s actions, the judges went on: ‘Rape is the most morally and physically reprehensible crime in a society, an assault on the body, mind and privacy of the victim.
‘Rape reduces a woman to an animal, as it shakes the very core of her life. Rape is a crime against the entire society and violates the human rights of the victim.
‘Being the most hated crime, the rape tantamounts to a serious blow to the supreme honour of a woman, and offends both her esteem and dignity.’
The judges upheld rulings by two lower courts but reduced the man’s sentence from 10 years to seven.
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