Mumbai, September 1: According to Navi Mumbai police, a 32-year-old woman was reportedly repeatedly raped by a man under the promise of marriage. The survivor was also made to get an abortion by force. According to an official, the police registered an offence against the accused on Thursday based on a complaint under sections 376(2)(n) (repeated rape on the same lady) and 313 (miscarriage without the mother's permission) of the Indian Penal Code.

The offender allegedly made the victim, a Kalamboli resident, a friend and made marriage proposals to her. He allegedly raped the victim several times in Kalamboli, Airoli, Panvel, and Pune. Sex on False Promise of Marriage Does Not Amount to Rape: Orissa High Court. 

According to the official, the defendant compelled the woman to get an abortion after impregnating her, and the case has been turned over to the Pune police because the crime was first committed there.

Recently, in a significant judgement, the Bombay High Court overturned the trial court's prior ruling and cleared a man who had been charged with rape. Initial rape accusations against the defendant were based on claims that he had made marriage promises in an effort to coerce a victim into giving her permission to intercourse. But in order to get the high court to dismiss the charges against him, his defence cited a significant Supreme Court judgement. Sex With Consent on False Promise of Marriage Doesn't Amount to Rape, Says Orissa High Court; Grants Bail to Man Accused of Sexual Assault.

The difference between a broken promise and a misleading promise lies at the heart of the Supreme Court's decision. The supreme court ruled that if a vow to marry is made dishonestly from the start with the goal to trick the woman into consenting to sexual contact, then the agreement is contaminated by a "misconception of fact." Contrarily, a simple broken promise cannot be compared with a made-up one. It must be demonstrated that the promisor had no intention of following through on their commitment when they made the promise in order to establish a false promise.

(The above story first appeared on LatestLY on Sep 01, 2023 11:12 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).