Rape- Misconception of fact about promise to marry?
29th September 2020
When the Supreme Court acquitted a man accused of having raped a woman for the sake of marriage, the Supreme Court observed that the misunderstanding of a fact arising from the promise of marriage must lie close to time and cannot spread for a long time, combined with a purposely optimistic action to avoid protest.
The accused Maheshwar Tigga, in this case, was promising to marry her, and proceeded to develop physical relationships like husband and wife on this pretext. She was also claimed to have remained at his house for 15 days, and also had physical contact with him. In compliance with Articles 376, 323 and 341 of the Penal Code, he was convicted of the Trial Court. His appeal was denied by the Karnataka High Court.