If a guy refuse to marry a girl after sex

well said by mr rajeev and kiran , it all depends upon the evidence and details.

If you want to file any case for filing, you can file anything with concocted facts, but that would be a crime in itself.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dunno the original question: Seems he had s e x under pretext to promise to marry. Divine Hindu as of now marriage in India doesn't allow s*x as a prequisite to marriage. In no way promise to marry only if she had s*x has no bearing on rape, marriage etc. Simply put, the gal was easy and he didn't marry her for that reason. His defense would be valid. No reasonable judge will take rape, and all that into case. There's no case against guy. No point crying now after the bird has flown after enjoing you and you enjoying him.

Yes he can come under the purview of 376 IPC...

It all comes down to arguments and case laws... I'll provide you if you want....

You can file under that ofcourse you can... Then it is upto court to hear the arguments and then frame the charge accordingly...

Mr. Kapoor is right and Mr. Arvind ji, pls. go through with the definition of 376

Just reading of bare law is not my deal...

Reading judgments and interpretations are also important....

I base my conclusions/statements on precedents and not bare act alone....

i think  Luis Munuzuri Harris can answer it better.

I really do not think it comes within the purview of S.375 even when there is consented s*x between two persons who have attained majority. And to prove that there was consent, it is a question of trial. In this case in particular, it is not "rape" when there is no "penetration" with / without consent.

no seriously it is .... i am for past 2 days trying to find the judgment in which I read this....

Will share with you guys as soon as I get my hands on it....

Found it......

It's a Delhi High Court Judgment....

Fingering is penetration hence penetration is enough to constitute rape...

But the complinant has to proove a marriage promise.... which she says she can through sms and her colleagues around.... So Volla.......

Please read this...

https://www.sify.com/news/man-denied-bail-after-s*x-on-false-marriage-promise-news-national-kcbvufhhbif.html

still looking for the correct judgment title lets hope I find it soon

And yes in the link please edit it before using... it is s*x put e in s and x only then it will open...

But if there is consent by the girl , can that constitute "rape" ? How far it is acceptable.. I am apprehensive..  it becomes easy to get a guy behind bars with this judgment .

Suchitra Ma'am being a lady you can understand it better than me that a lady's honor is her best guarded thing... And if it is taken away from her then she is left with nothing....

And if it is taken away by unfair/deceitful means then why should it not constitute rape.... Whether if s*x was with or without consent it shouldnot matter....

Your being apprehensive is very correct and normal but we need to have a detterent factor when it comes to such a behaviour by a man to a woman...

He agrees to marry and after what he wants he's got, he says now I dont want to marry... This is not done....

But in another sense I agree with you Suchitra Ma'am,

if a girl cannot wait till her marriage and is advanced enough to do such stuff then she should not go to courts once she's been wronged, she should have anticipated such a turn of events.....

Arvind Sir, I think by the legal perspective always and my concern is to provide justice without regard to any gender. "consent" and "penetration" are the two major ingredients which constitute "rape".  My only concern is law should always be gender neutral.