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Archive for January 12th, 2008

Sex after false promise of marriage is rape: Court

Posted by 498A_Crusader on January 12, 2008

Establishing a sexual relationship with a woman on a false promise of marriage amounts to rape, a New Delhi court has held while sentencing a man to seven years in jail for sexually exploiting his neighbour.

“The so called consent under a false promise to marriage is no consent. Accordingly, the consent obtained in establishing a physical relationship like husband and wife under false promise to marry the latter is no consent as per law,” additional sessions judge Mahavir Singhal said.

Enumerating the difference between ‘will’ and ‘consent’, the court said that a nod for sexual relations obtained by a man on the false pretext would not amount to a ‘legal or valid’ consent to save him from punishment for rape.

Even if the woman is assumed to be a willing partner in the physical relations, the fact that the accused had no intention to marry her would make it a case where the consent was given under a misconception of fact, nullifying the efficacy of the nod, it observed in an order on Wednesday.

In the present case, convict Chhotey Lal, father of six children, had eloped with his neighbour in east Delhi on September 2, 2004 and took her to various places, including Jaipur and Chandigarh.

According to the girl, the duo established sexual relations after Lal assured her that he would get married to her very soon. Meanwhile, the girl’s father filed a missing person’s report with the police.

The police detained Lal and the girl on March 3, 2005 at Sarai Kale Khan Bus Terminal in New Delhi, while they were returning and the accused was prosecuted for the offences of rape after abducting the victim

Source

//what if a women enjoy with a man, promising to marry,and marry someone else later will indian law punish her ?

Posted in Articles, biased laws, feminism, gender biased laws, india, Judgement, law misuse, men, men`s rights, mynation.net, News, save indian society, society, women | Tagged: , , , , | 10 Comments »

Youth’s eyes pierced for eloping with upper caste girl

Posted by 498A_Crusader on January 12, 2008

Nanded (Maharashtra), Jan 10:  A Dalit youth had his eyes pierced for eloping with his upper-caste girlfriend whose relatives also beat up the boy and his friend in Sategaon village near here last week.

The Nanded district police have arrested six of the girl’s 12 relatives allegedly involved in the assault under the Atrocities on Scheduled Castes (Prevention) Act and are on the lookout for others accused of the assault, sources said.

The enraged relatives of the 15-year old girl, Premala Jadhav, who admitted the dalit youth Chandrakant Gaikwad and his friend Milind Jondhale in two hospitals in Nanded in an apparent attempt to keep the crime under wraps, also warned Gaikwad’s parents against approaching the police, according to the sources.

Chandrakant and Milind told the police that Premala’s relatives caught them in Milind’s house in Khamareddy in Andhra Pradesh, where the three had fled last Saturday, and brought them to Sategaon in a jeep.

The assaulters had gagged Chandrakant and Milind while beating them all through the night of Jan 5 and piercing their eyes, said the police sources.

“When we fainted from severe thrashing, they sprinkled water on our faces to bring us back to consciousness and beat us up again,” the sources quoted Chandrakant and Mlind as saying.

“We have made the arrests on the basis of the two young men’s statement and started interrogating the accused in what looks like a clear case of atrocity falling under the ambit of the act,” Superintendent of Police Ravindra Singhal told IANS.

Singhal said, while it is true that Chandrakant has sustained injuries in both his eyes and Milind in one, the version that their eyes were pierced is not true.

“The hospital authorities are yet to tell us about the severity of the wounds and whether the two young men stand a chance of regaining their eyesight,” he added.

While Chandrakant’s parents refrained from registering a complaint for fear of reprisal, the police took the action on their own following a tip-off received by Deputy Superintendent of Police Vasant Jadhav, the sources said.

IANS

Posted in Articles, biased laws, feminism, gender biased laws, india, justice, law misuse, men, men`s rights, mynation.net, News, save indian society | Tagged: , , , , | Leave a Comment »

 
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