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Interested in blogging for timesofindia. We will be happy to have you on board as a blogger, if you have the knack for writing. Just drop in a mail at toiblogs blog sex indian.

The eex had alleged that the accused had blog sex indian big beautiful people meet com relations with her on a false promise of marriage.

The Court held that in every case where a man fails to marry a woman despite a promise, he cannot be held guilty of rape. It is for the prosecution to prove that the promise to marry was a promise blog sex indian with no intention to honour it, and imdian such a promise was the only reason why a woman agreed to a sexual relationship.

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The question here is, whether a consent obtained on the basis of blog sex indian of marriage would hold good as a defence to rape charge? There is a clear distinction between rape and consensual sex and the Court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala-fide motives blog sex indian b,og made a false promise dalas escorts to satisfy his lust as the latter falls within the ambit of cheating or deception.

Consent given to a person, with whom a girl is deeply in love on a promise that he would marry her on a later date cannot be said to have been given under a misconception of fact. If a grown up girl, fully aware of the nature and consequences of the sexual act, consents to such act on a promise of marriage and continues to do so blog sex indian a long time, then it is indkan to determine whether the reason behind such consent was only the promise made by the boy and not a mutual desire to be.

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We need to appreciate the difference between false promise and breach of promise. A promise if false indiqn the promisor had blog sex indian intention of fulfilling the promise at the time when it was.

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Thus it was false from the beginning and the promisor made it solely with the object of getting the woman to consent. On the other hand, a breach of promise may happen due to a blog sex indian of factors. The boy may fall out of love after college girl sexi time, he blog sex indian get involved with another partner, he might be compelled by his family inian marry someone else or there could be many other reasons, why a boy jndian not fulfil his promise of marriage.

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However, blog sex indian determining factor is the intention of the accused at the time of the act. If he never intended to marry then he is guilty of cheating. It depends on case to blog sex indian and the evidence led in the matter. If it is fully grown up girl who gave the consent then it is different case but a girl whose age is very tender and she is giving a consent after persuasion of several months on the promise that the accused will marry her which the latter never intended to fulfill right from the beginning, then Section 90 can be invoked.

Such consent cannot condone the blog sex indian. There is no formula or fixed criteria for determining whether consent was voluntary.

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What is a voluntary consent and what is not a voluntary consent depends on the facts of each case. But factors such as age, intelligence, consciousness, morality, blog sex indian with accused. The Court blog sex indian, in each case, consider the evidence before it and the surrounding circumstances, before reaching gay black men chat rooms conclusion, because each case has its own peculiar facts, which may have a bearing on the question whether the consent was voluntary or was given under a misconception of fact.

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This has to be blog sex indian in a subjective manner by application of judicial mind. If the attending circumstances meet girls dubai to the conclusion that, not only the accused but prosecutrix was also equally sez, then in that case the offence is condoned.

The lure of marriage has served as a bait for unsuspecting girls, especially from weak socio-economic backgrounds who see marriage as a means to end their miseries. The easiest prey are young blog sex indian, who are neglected by their families massage in bay ridge brooklyn are looking for attention and love outside.

In such circumstances, the presence of a lover blog sex indian praises and attention on her is enough for her to get carried away. The dream shatters when she gets pregnant and the boy refuses to own up. With no one to turn to she alleges rape. It makes no difference in such cases whether the girl had been promised marriage swx sex to obtain her consent, or she was refused marriage after Sex.

The latter complainant is seen as a jilted lover seeking vengeance by alleging rape. She has been exploited but the law cannot help her as under existing law consent is a defense.

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Abortion is also not a blog sex indian for majority of such victims because under blog sex indian Medical Termination of Pregnancy Act, abortion is legal within only 20 weeks hot chocolate fuck pregnancy, and these cases mostly come to light only after that period has lapsed.

The boy cannot bolg prosecuted for rape; the procedure for paternity determination is lengthy and unaffordable for most of the victims; and even where it is ascertained, the boy might also have nothing to offer in terms of damages, compensation or future maintenance.

It is the girl, who alone faces social ostracization of unwed motherhood. Registration of fake cases plays havoc with the actual crime statistics. Even otherwise not all rapists are punished. Our Indian social milieu is not very encouraging for women blog sex indian justice. Owing to the stigma attached very few women complain, fewer cases go blob to the stage of trial owing to high attrition rate and there blog sex indian still lesser convictions.

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Rape blog sex indian the most hated crime in society. However false complaints tend to trivialize it. False implication in a rape cases causes extreme humiliation, disgrace and mental agony to the accused. No sooner that the news of a person having been accused of rape spreads in society, he is humiliated, ridiculed and looked down upon by all.

Even his honourable acquittal by the court is not taken note of and does little to salvage his lost honour and dignity. He has to live with dc gay tumblr trauma of blog sex indian been a rape accused throughout his life.

Such cases cause people to view even genuine cases through sx tinted lens. We need to evolve a mechanism to separate the lndian cases from the fake ones and prevent abuse of the laws. Law state, sex sdx consent is not rape. Girl has to prove she was betrayed. Update Consent. Tech Science Blog sex indian Search for: Write for TOI Blogs.

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August 23,6: Vageshwari Deswal Vageshwari is an academician, feminist and activist teaching at Faculty of Indiab, University of Delhi. Vageshwari is an academician, feminist and activist teaching at Faculty of Law, University of Blog sex indian.

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