Mumbai, February 27: A false promise of marriage cannot be used to obtain consent for sexual relations, the Nagpur bench of the Bombay High Court ruled while upholding a man's rape conviction. The court stated that such deception amounts to a "misconception of fact," rendering the minor survivor’s consent legally invalid. Justice Urmila Joshi-Phalke rejected the accused’s defence that the relationship was consensual, emphasising that his intentions with the minor victim were dishonest from the start.

The case stemmed from an FIR filed in May 2019 by a 16-year-old girl who accused the man of repeatedly sexually exploiting her under the pretext of marriage. According to the Times of India report, the survivor stated that the accused had assured her of marriage but later refused when she became pregnant. She then approached the police, leading to his arrest and subsequent trial. A special Bhandara court found him guilty under the Protection of Children from Sexual Offences (POCSO) Act and sentenced him to 10 years of rigorous imprisonment. ‘Misogynistic’: Supreme Court Raps Bombay High Court for Using ‘Illegitimate Wife’ and ‘Faithful Mistress’ in Order Against Woman.

Challenging the verdict, the accused argued that the relationship was consensual and that there was no deliberate intent to deceive. However, Justice Joshi-Phalke dismissed his claims, highlighting that his actions constituted "seduction under false pretenses," which amounted to sexual assault. The judge remarked that the survivor was under the misconception that the man intended to marry her, and her consent to the sexual acts was rendered invalid by the deceit. Victim Had 'Sufficient Knowledge and Capacity' To Understand Her Actions, Says Bombay High Court While Granting Bail to POCSO Accused After Minor Girl Confirms Consensual Relationship.

The court emphasised that a minor’s consent holds no legal weight when it is obtained through such fraudulent means. The DNA report further supported the survivor’s claims, strengthening the prosecution’s case. As per the report, while upholding the Bhandara trial court's conviction, the judge noted that the accused had failed to present any evidence indicating his genuine intent to marry the minor survivor. Justice Joshi-Phalke concluded that the accused’s actions reflected a "culpable mental state," leaving no doubt about his guilt.

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

(The above story first appeared on LatestLY on Feb 27, 2025 11:48 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).