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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

Allahabad HC refused to quash rape case against ma...

  • 2021-09-14T13:32:37

Allahabad HC refused to quash rape case against man who put vermilion on woman’s forehead They both met on Facebook and through acquaintances. The accused allegedly established a physical relationship with her after promising to marry her. Also, performed a ceremony, of putting vermilion on the woman’s forehead which is significant in Hindu customs and later refused to marry her. The Court held that to establish whether consent was vitiated by a “misconception of fact” arising out of the promise to marry, two propositions must be established:  the promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given.  the false promise itself must be of immediate relevance, or bear a direct nexus to the woman's decision to engage in the sexual act. The Court thus refused to quash the rape case against the accused. Reddy & amp; Reddy Law Firm is a team of expert professionals. They have a forte in handing matters related to Family and Criminal Laws.

Allahabad HC refused to quash rape case against man who put vermilion on woman’s forehead They both met on Facebook and through acquaintances. The accused allegedly established a physical relationship with her after promising to marry her. Also, performed a ceremony, of putting vermilion on the woman’s forehead which is significant in Hindu customs and later refused to marry her. The Court held that to establish whether consent was vitiated by a “misconception of fact” arising out of the promise to marry, two propositions must be established:  the promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given.  the false promise itself must be of immediate relevance, or bear a direct nexus to the woman's decision to engage in the sexual act. The Court thus refused to quash the rape case against the accused. Reddy & amp; Reddy Law Firm is a team of expert professionals. They have a forte in handing matters related to Family and Criminal Laws.

  • 2021-09-14T13:32:37

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