If a woman consents to have sexual relations with a married man who promises to marry her, continues the relationship and gets impregnated, then it is an act of “promiscuity” on her part instead of misconception, the Delhi High Court has said.
Justice S P Garg of the Delhi High Court while acquitting a guitar teacher, who was awarded 10 years of rigorous imprisonment by a trial court in October last year for raping and cheating his colleague on the false promise of marrying her said that, “if a major girl consents to the act of sexual intercourse on a promise to marry and continues to indulge in such activity and becomes pregnant, it is an act of promiscuity on her part and not an act induced by misconception of fact”.
While hearing the appeal, Court noted that, the appellant’s conduct in the episode was unfair and unreasonable and “his previous wife is the real victim who was cheated by him (by having) indulged in consensual sex with X.””Undoubtedly, ‘X’ and the appellant having a love affair had consensual sexual relations several times. However, due to the appellant’s attitude to keep a distance from her, she got enraged and lodged the instant complaint. Nothing is on record to infer that she had agreed/consented for sexual intimacy with the accused on any assurance or promise of marriage.
Subsequently, High Court set aside the trial court’s decision against the convict on the ground that the consent of the girl, who was referred in the judgment as Miss ‘X’, for physical relation was a “conscious” act.