Gangtokian India Desk: The Uttarakhand High Court recently highlighted concerns over the misuse of rape law as a weapon by women in modern society. The Court quashed criminal proceedings against a man accused of sexual relations with a woman, stating that the provisions of Section 376 of the IPC were being rampantly misused by females.
Misuse of Rape Law as a Weapon
Justice Sharad Kumar Sharma, in the case of Manoj Kumar Arya v. State of Uttarakhand, emphasized that Section 376 of the IPC was being misused by women when differences arose between themselves and their male counterparts. The law was being used to duress upon the other side for undisclosed factors, causing it to lose its true purpose of protecting victims of sexual assault.
Testing the Promise of Marriage
The Court also stressed the importance of testing the truthfulness of a promise of marriage at its initial stage, rather than later. In the case under consideration, the complaint of rape made by the woman could not stand since it was filed 15 years after the relationship began and continued even after the accused married another person.
Consent and the Element of Relationship
The Court questioned whether the woman could claim non-consent when she voluntarily entered a relationship with full knowledge of the accused’s marital status. The presence of consent in such cases would lead to a consensual relationship rather than an act of rape.
Balancing Equity in Rape Cases
While examining cases of alleged rape, the Court is tasked with balancing equity and considering whether a woman played an active role in the relationship. The Court acknowledged that the offense of rape is often leveled against men, making it essential to analyze each case diligently.
Supreme Court Precedents and Quashing the Rape Case
The Court relied on various Supreme Court rulings that address the aspect of consent and distinguish between false promises of marriage and their breach at a later stage. Based on these precedents, the Court allowed the plea of the accused to quash the rape case against him.
The Uttarakhand High Court’s observations shed light on the misuse of rape law and the need for careful examination of cases to ensure justice for all parties involved. The Court’s decision serves as a reminder of the importance of maintaining the integrity and true purpose of legal provisions, particularly those concerning serious offenses like rape.
Gangtokian Web Team, 20/07/23