The Uttarakhand High Court held that a mere failure to fulfil a promise of marriage does not amount to rape unless it is proven that the promise was false from the very beginning and made with dishonest intent.
Key Observations
The Court clarified that consent given in a relationship cannot be termed as obtained by fraud unless there was deception at the inception.
It emphasized that a genuine relationship that later fails or results in a broken promise cannot automatically attract Section 376 IPC.
The Bench noted that criminal law cannot be used to penalize every failed relationship or emotional dispute.
Court’s View
For an offence of rape based on false promise to marry, it must be shown that:
The accused never intended to marry from the beginning, and
The promise was made solely to obtain consent for a physical relationship.
Decision
The High Court found no such initial deception in the case and quashed the rape charges under Section 376 IPC.
Legal Principle
Breach of a promise to marry is not rape unless the promise was false and dishonest at the very inception, leading to vitiated consent.
