It is a settled principle of law that if the relationship is founded solely on the pretext of marriage, due which the victim gives her consent for sexual intercourse, then the same would amount
to the offence of rape if such promise is not adhered by the perpetrator.
However, if no such promise of marriage is given then consent given by the victim cannot be construed as her dissent. This distinguishing factor in the promise of marriage has been laid by the Hon‟ble Supreme Court in the case
of Mahesh Damu Khare vs The State Of Maharashtra,
The offence of rape is one of the most heinous crimes against women but some people use the legal provisions against it as a weapon to unnecessarily harass their male counterparts,” the Delhi High Court has observed while quashing an FIR against a man.
