Rape charge invalid sans proof of refusal to marry: Himachal Pradesh HC

SHIMLA: When two people are in a long-term bond, it is difficult to determine that their sexual relationship is based solely on a promise to marry, Himachal Pradesh HC has held. HC took the position while faulting a trial court's move to frame rape charges against a man accused of rape by his partner of five years, reports Sanjeev Verma. HC held that such charges could not be formalised as the complainant woman had failed to adduce proof of the male partner having refused to marry her, especially when both had knowingly entered into a long-term physical relationship.

The bench allowed the man's appeal against the decision of the fast-track trial court in Sirmaur's Nahan. HC noted that there was not a single clear averment in the complaint by the 30-year-old woman that the man had refused to marry her.

The bench noticed that according to the complainant, the marriage was agreed upon in 2014 but put off several times till 2021 when there were alleged demands of dowry from the man's family. However, the HC cited eyewitnesses' statements that the dowry demand was not made by the male partner, and, hence, there was no proof before the trial court to frame charges under the anti-dowry law.