New Delhi, Jan 16 The Delhi High Court has directed the framing of charges for rape and criminal intimidation against a man accused of making a "twin promise of marriage".
The accused allegedly assured a married couple that after their divorce, he would marry the wife and take care of their children. Subsequently, he refused to fulfill the promise after engaging in a physical relationship with the wife.
Justice Swarana Kanta Sharma said that the case involved promises made not only to the complainant but also to her husband and family.
The court said that during the trial, it would be decided whether the promises were a breach or false promises leading to a sexual relationship.
Justice Sharma noted that a mini-trial shouldn't have been conducted during the framing of charges.
The woman had challenged a trial court's order discharging the man, saying that the case pertained to breach of promise of marriage, not false promise.
The court set aside the trial court's decision, deeming it a unique case where verbal assurances were acted upon, leading to mutual divorces and a relationship.
The court observed the peculiar circumstances, noting the emotional nature of such cases. It noted the awareness of their former partners about the relationship and intention to marry.
The man's preparation of a Mangalsutra in anticipation of marriage was also noted as evidence supporting the woman's claims.
Consequently, the high court directed the trial court to frame charges against the man under Sections 376/506 of the IPC and proceed with the case accordingly.
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