The Karnataka High Court has ordered maintenance in a case involving allegations of rape on the false promise of marriage. The court's directive came while hearing a petition challenging the registration of a criminal case under sections 64(2)(m) and 69 of the Bharatiya Nyaya Sanhita (BNS), which pertain to repeated rape and sexual intercourse on the false promise of marriage, respectively.
Case Background
The petitioner had approached the High Court seeking to quash the First Information Report (FIR) registered against him. The complainant alleged that the petitioner repeatedly raped her under the pretext of marrying her, thereby violating her consent. The prosecution argued that the promise of marriage was false from the inception, constituting a clear case of rape under the relevant BNS provisions.
Court's Observations
Justice M. Nagaprasanna, presiding over the case, examined the facts and legal submissions. The court noted that the relationship between the parties was not disputed, but the key issue was whether the promise of marriage was genuine or a ruse to obtain sexual favours. The judge observed that the evidence prima facie indicated a false promise, warranting the continuation of the trial. However, considering the financial dependency of the complainant, the court directed the petitioner to pay interim maintenance to the victim during the pendency of the proceedings.
Legal Implications
The ruling underscores the legal principle that a promise of marriage made without intention to fulfill it vitiates consent, making the sexual act rape. The court emphasized that such cases require careful scrutiny of the circumstances to distinguish between a broken promise and a fraudulent one. The order for maintenance is aimed at ensuring that the victim does not suffer financial hardship while seeking justice.
Reaction and Next Steps
Legal experts have welcomed the High Court's decision, noting that it balances the rights of the accused with the need to protect victims of sexual exploitation. The case has been adjourned for further hearing, with the trial court expected to expedite the proceedings. The petitioner has been directed to comply with the maintenance order within four weeks, failing which coercive measures may be initiated.
This judgment is likely to influence similar cases where false promises of marriage are alleged, reinforcing the legal safeguards for women in intimate relationships.
