Consent Can't Be On Misconception If Woman Chooses Physical Relation: High Court

The woman had lodged a rape case against the man alleging that he repeatedly established physical relations with her on the pretext of marriage but later refused to tie the knot saying that his family has fixed his marriage with someone else.

When a woman makes a reasoned choice to establish physical relations, consent cannot be said to be based on misconception unless there is clear evidence of a false promise of marriage, the Delhi High Court has said.

Justice Anoop Kumar Mendiratta made the observation while quashing a rape case against a man after noting that the matter has been amicably settled between him and the woman and they have now got married to each other.

"It is pertinent to observe that whenever a woman makes a reasoned choice to establish physical relations after fully understanding the consequences of such action, the 'consent' cannot be said to be based on misconception of fact until and unless there is a clear evidence that a false promise with no intention of upholding the same was given by the maker at the time of making the promise."