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Need for a detailed definition of the term “sexual intercourse in the case of false vows” – Odisha HC

The Odisha Supreme Court made a comment on the law that said that if the marriage vows were false, sexual intercourse constituted rape, and stated that it appeared to be wrong.

The bank made this observation while refusing to bail a person accused of developing a physical relationship with the victim on the false pretext of marrying her.

However, the bank stated that the victim’s plight and the chances that the defendant might use this as a measure to tarnish the victim’s image could be considered before settling the issue of bail on the defendant.

The bank stated that in such situations it is necessary to change the legislation defining what constitutes sexual intercourse with prosecutors under the guise of a false promise to marry her.

In the present case, the woman alleged that the applicant also gave her medication to abort the fetus after becoming pregnant twice. The applicant refused to marry the woman even after her parents consented to the marriage. Because of this, her parents married elsewhere.

The complainant then published his personal pictures with the woman using fake Facebook accounts, which tarnished the woman’s character and caused her marriage to be broken. Based on such actions by the applicant, FIR was filed under various sections of India’s Criminal Code and Information Technology Law (Amendment) 2008.

The bank noted that rape laws are detailed and that such acts should also be detailed in order to understand what all of them can make up.

The bank therefore rejected the application for bail, as the mere inspection of the FIR revealed prima facie allegations against the applicant / accused.

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