Rape Charges Cannot Be Sustained Without Clear Refusal to Marry: Himachal High Court

Rape Charges Cannot Be Sustained Without Clear Refusal to Marry: Himachal High Court

In a notable ruling, the Himachal Pradesh High Court has held that rape charges based on the alleged breach of a promise to marry are unsustainable without clear and specific evidence that the accused explicitly refused to marry the complainant.

The judgment came in response to an appeal challenging a fast-track trial court's decision in Nahan, District Sirmaur, which had framed rape charges against a man involved in a prolonged relationship with the complainant.

Allowing the appeal, the Court observed that in cases involving long-term relationships, it is not easy to conclude that sexual relations occurred solely on the basis of a promise to marry.

The Bench noted the absence of conclusive evidence to show that the accused had unequivocally declined to marry the complainant, despite their five-year consensual relationship.

The complainant, a 30-year-old woman, claimed that the couple had agreed to marry in 2014, but the marriage was repeatedly deferred until 2021. She further alleged that the accused’s family eventually demanded dowry.

However, the Court highlighted that eyewitness accounts did not corroborate the dowry allegations made against the accused himself.

In light of the lack of specific allegations indicating a categorical refusal to marry and insufficient evidence under the Dowry Prohibition Act, the Court set aside the rape charges.

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