The Delhi High Court has made a landmark ruling, rejecting the defence that a woman should have foreseen her partner’s refusal to marry her due to their age difference in cases of rape on false promise of marriage. Justice Swarana Kanta Sharma emphasized that such a submission is based on a patriarchal premise, which unfairly shifts the burden onto the victim ¹.
The court was hearing a case where a man was accused of raping an older woman after falsely promising to marry her. The accused had pursued the woman, proposed marriage, and assured her of a future together. However, he later refused to marry her and return the ₹4-5 lakhs she had given him. The woman filed a criminal case in 2021, which the accused challenged, claiming it was a consensual relationship.
The court rejected the accused’s argument, stating that it was contradictory and reflective of misogyny. Justice Sharma noted that the accused had actively pursued the relationship, given assurances of marriage, and induced the victim to make financial and emotional commitments. The court held that the victim could not be expected to foresee the accused’s future refusal to marry when he had himself assured her of a shared future.
The ruling is a significant victory for women’s rights and rejects the patriarchal mindset that often blames the victim in such cases.
