'Consent physical intercourse with a promise of marriage is not rape'; Supreme Court reiterates again

The Supreme Court has reiterated again that consensual physical intercourse with a promise of marriage is not rape. The court's observation is in a case against a young man from West Bengal. The bench headed by Justice Sudhanshu Dhulia clarified this.

The court also pointed out that the girl herself had stated that the physical intercourse took place with her consent as she had promised to marry. There is no forensic evidence that rape took place, and the girl had consensual physical intercourse with the young man when she was fifteen years old. The young man also withdrew from the marriage promise when he became an adult.

The girl filed a complaint three years after the incident, when she became an adult. Subsequently, the young man approached the Supreme Court, questioning the action of the High Court, which refused to quash the FIR. Following this, the court clarified that the physical intercourse that took place with mutual consent cannot be seen as rape since there was a promise of marriage. The court quashed the POCSO case registered against the young man based on the complaint filed following this.