The future bridegroom cannot sexually exploit his fiancée without her consent merely because they are engaged - P&H HC

Case: Sagar Kapoor v State of Haryana

On Monday, the Punjab and Haryana High Court ruled that a prospective bridegroom cannot sexually exploit his fiancée without her consent merely because they are engaged and met each other. Justice Vivek Puri observed while refusing to grant anticipatory bail to a man accused of rape by his fiancée.

According to the court, passive submission by the survivor cannot be construed as a sign that the relationship was consensual.

The survivor claimed that after the Roka ceremony in January 2022 they began meeting, and the prospective groom was insistent on having a physical relationship with the survivor, however, she refused every time. In June 2022 he took the survivor to a hotel and despite her denial, entered into a physical relationship with her, thus committing rape.

It was also alleged that he made videos of her.

Later, the Petitioner expressed his reluctance to marry the survivor.

Simultaneously, the counsel appearing for the petitioner sought anticipatory bail, stating that the marriage was called off after he became aware of the survivor's love affairs with others.

It was also contended that the physical relationship was consensual, and there was no rape.

As Justice Puri noted, however, noted that none of the evidence supported the survivor's voluntary consent to sexual intercourse or a consensual relationship. Furthermore, there was no evidence that the petitioner intended to solemnize a marriage or that the survivor was a consenting party.

In view of the same, the court refused to grant anticipatory bail to the petitioner.