1st rape,false promise of marriage and cheating

@Pallavi

I really feel helpless to make you understand the simple literal meaning of "Misrepresentation Of Fact". It is not because I'm unable to ... but ... it is because you dont want to. Please see below judgment for your reference:

Crl. M.A. No. 12865/09 in B.A. No. 2145/09

Promise is not a 'fact' within the meaning of the code (IPC). How can you simply define 'misrepresentation' and say it's rape! You really have a lethargic approach towards law. I would suggest you to STOP opining about my ability to be a lawyer. I know FAR MORE BETTER than you and have FAR MORE PRACTICAL approach than you.

The judgment you attached was given by Hon'ble Delhi High Court Single Bench Judge, which dealt with anticipatory bail. Case was that the girl was under an impression that when her parents had fixed her marriage with the accused and also when she has been formally engaged as well, so ultimately she would get married to the boy. There was not even a pinch of suspicion that the boy may not marry her in future. Hence the judge after going through the peculiarity rejected the bail application.

Above case is VERY DIFFERENT from the subject post. Here, @Author was NOT ENGAGED or even under any genuine impression that the boy would marry her. Her own words says she has 'voice recordings' of the boy to prove her point. It goes to show that she was very sure that the boy would not marry her in future that is why she kept on collecting proofs against him. She did not used the proofs to stop the boy. But now she is using them to marry the boy. What an irony! Poor guy! Still people like @Pallavi want to support her. Alas!

I feel the court was wrong in interpreting the statute in "Nikhil Parashar's" case.

If a person 'A' murders another person 'B', can the act of 'A' be excused at the option of 'B' ? A murder is a murder. Then how do you change the a pleasurable act into rape? Can pleasurable s*x be called as rape at the option of the girl? Hell NO!

Pallavi says I'm double standard! She is only mis-leading the readers. How am I confused? I clearly stated that there have to be different standards for different type of girls. If a girl is chaste she should behave like that. Sex before marriage does not show she is un-chaste but it certainly depicts the intellectual status of the girl. It shows that the girl is grown up enough to understand the morality and consequences of her acts. And if she is grown-up then she has all rights to think about her good and bad. Tomorrow there could be an advertisement which promises that if you use its beauty product you would look as fair as "Kate Winslet". But what if you use the products and turn as black as "Beyonce Knowles"? Could you claim any "Civil" damage?

Grow up @Pallavi.

//peace

/Saurabh..V

Why feminists fail to understand simple law which goes against any girl?

Let me try to spoon-feed 'noobs' with below example:

A boy says to a girl, "I wish to have s*x with you".

In the above statement 's*x' is a 'fact'. Here girl also understands that the boy is asking her for 's*x'. Then if the girl have s*x, while completely understanding that she is going to have s*x and what t could result into, then where is misrepresentation in this?

Promise of marriage was made seperately and proposal to have s*x is made seperately. This is correct interpretation of the law.

Would a girl become eligible for marriage only by performing s*xual intercourse? Doens't the boy has the right to choose his partner? Sex is not the basis of any relation! A couple should find compatibility amongst themselves based on education, behaviour, knowledge, status, background, employment etc etc. Criteria to marry someone could not be SEX!

DIRECT QUESTION TO PALLAVI:: What would you do if you are a guy, and after 2-3yr of relation with your girlfriend you discover that 90% of the facts she told you about her education, family background, employment are "white lies"? Certainly in these years you had s*x with this girl. Would you still marry this girl because you had s*x with the girl or would you choose to say no? I think if you can answer this question TRUELY and FAIRLY then I wouldn't need to explain you anymore on this issue......

It is upto the girl to choose to do or not to do s*x with anyone. If she chooses to do, then she is equal participant in the act. Can you say the girl didn't enjoyed it yet did it multiple times?

Still feminists on this forum wouldn't be convinced I know.... :p

Only God could cure their mental decease of being biased against men.

//peace

/Saurabh..V

One more question @Pallavi::

Can you equate a girl who has s*x before marriage without her parents getting to know that she has a boy friend from a girl who don't even make a boy-friend?

If the answer is NO, you understood my point of modern and orthodox !!

Promise of marriage is very small thing against "ring ceremony" or "formal engagement ceremony". It is known throughout the world that relationships break even after such ceremonies. Then how can someone rely on "Promise of marriage" alone. It is fallacious to say that the girl has s*x because of any promise. She does that because she also wants to have it. Would a girl (25yr old) have s*x with a divorcee (45yr old) who promises to marry her? Huh!

What rubbish thinking!! "Promise of marriage" type cases are cases of legal extortion by girls and it is also legal terrorist activity to compel a boy to marry the girl.

In that case, if conset was taken due to some misrepresentation which may due to some false assurances in order to take consent from girl then it covers under section 376 of IPC

There may be possibility that girl had convinced due to false assurances made by the married men or boy. The provisons of section 376 shall not be invoked if the girl knows about the facts but if was presented in tampered manner then surely its misrepresentation

@Ms Liberal

You are now speaking correct point which other "feminists" failed to understand.

The correct proposition of law which was detailed by Apex Court in various decisions says:

If the girl believes in the promise of marriage made by the boy and the boy knows that the girll is agreeing for s*x only because he made a "false" promise, then only a case would be made out.

BUT

If the girl has doubt in mind about the results of the promise of marriage and the boy feels that the girl is giving consent for s*x because she desires it and not because of promise of marriage, there is NO case made out.

This is correct proposition of law.

Just because a couple which is blinded by emotions, spurts promises that "come what may, we shall stay united" but knows that even after such promises there would be stiff opposition by parents, it does not mean there is a binding 'contract'.

This proposition of law which makes it an implied 'rape' has been drawn from 'Contract Act'. According to the position and provisions of contract act, such contract is not a valid contract which has "qualified" consent or approval. If the girl knows that finally parents have to approve the marriage, then how can it be said that she did not knew of the result that marriage might not happen at all??

Moreover, is there any such provision available or the boy? Police or even court for that matter woudl not be interested in registering a case against a girl who ditches and dishonour her promise of marriage towards the boy. Why? Isn't it biased? When boy can't even file for cheating then how a case of 'rape' be registered by girl?

Girls in India should select their posture either "innocent & poor" OR "modern". They say they are free birds and right to equality is vested by our constitution. However, when it comes to complaining, they cry that girls are so innocent. GROW UP !!!!!

//peace

/Saurabh..V

Cherry,Be Truthful to advocates regarding your words,If you need a real help.

I have a doubt in each and every sentence of yours.

First of all why you didn't inform to your family and to his family if you really want to marry this guy.

Why you allowed him to have a s*xual realtion with you for many times eventhough your boy friend threaten you.

Being an orthodox family you should approch this issue with the help of  your family.If this fails then you should go to police station as you have enough evidence to screw the guy.

Lastly ,In my opinion I saw this case is having Mens rea from Cherry.

Logically things are apparent still there are people who are biased towards one side. Feminists should understand that they cannot paralelly carry the tag of abla-naari along with equal. Either you be equal or abla.

//peace

/Saurabh..V

your observations are appropriate.

even i have been through a kind of problem which cherry is facing but little different..this guy is a sailor in navy,he approached me by his flirtings and emotional talks,made a promise of marriage n used me s*xually..after 3years of relation i came 2 know dat he was already married wid a 3-year child too..then when i asked him why he cheated me he abused me physically..i want to teach him a lesson for making a fool of  me for 3years..as proof i have our photograhs n also a video in which he is putting a gold ring in my fingers in front of all my friends..even my friends are ready to give a statement that he even told them that he want to marry me..i want him to realize that how much wrong he did to my life..

I am boy side, if she booked case like this how can get out of this. if boy never promised to marry her

i didnt got u Krish...what r u saying,can u b lil clear...abt marriage promise,he was promising me 4 marriage 4rm past 3years,n later on i knew dat he was already married n jst 2 involve me s*xually he was giving me a false promise of marriage...can anyone help me by telling me dat d prufs i have r sufficient 4 complaining against him or not...

I am a boy, we had s**x life knowingly we are not going to marry each other, after long gap, she booked complaint on me, 376, 478a, 323,506 etc, now its in court, charge need to be commit in court

Priya,

I have sent pvt msg,

I am boy, I am booked under, 376, 323,506,498a

Plz advise me ASAP

Thanks

can anyone plz help me out with my problem....

@Priya

Your below line in itself is your answer

after 3years of relation i came 2 know dat he was already married wid a 3-year child too

If a person promises to do something which he himself knows he cannot honor (because of an existing impossibility) he can easily be convicted. There is a Punjab & Haryana High Court judgment on these lines which was endorsed by the Hon'ble Supreme Court.

That was a similar case like yours where a married man continued to live-in with a girl while he lied to her that he is single But there were proofs of the fact that the complainant (girl) knew about his marriage. Yet it was decided in girl's favor with reduced sentence to the accused.

For clarity please read page7 of this thread or if you have time may be you could read all my replies in this thread. It contains evrything "promise of marriage" cases have as per law.

Still if you have any other specific query.. please feel free to ask again ..

//peace

/Saurabh..V