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*വിവാഹവാഗ്ദാനം നൽകി സമ്മതത്തോടെ ശാരീരികബന്ധം - വാഗ്ദാനം ലംഘിച്ചാൽ കുറ്റം ബലാൽസംഗം എന്ന് വീണ്ടും സുപ്രീംകോടതി* #promise to marry

*വിവാഹവാഗ്ദാനം നൽകി സമ്മതത്തോടെ  ശാരീരികബന്ധം - വാഗ്ദാനം ലംഘിച്ചാൽ കുറ്റം ബലാൽസംഗം എന്ന് വീണ്ടും സുപ്രീംകോടതി*
#promise to marry

Section 90 IPC - Consent known to the given under fear or misconception - such consent is not a consent- offence of rape will prevail 

വിദ്യാഭ്യാസ കാലയളവിലായിരുന്നു  കാമുകിയും കാമുകനും. പ്രേമം മുറുകിയപ്പോൾ  വിവാഹം കഴിക്കാമെന്ന് കാമുകൻ നൽകിയ വാഗ്ദാനത്തിൻറെ പേരിൽ ശാരീരികബന്ധത്തിൽ ഏർപ്പെടുന്നതിന് കാമുകി സമ്മതം നൽകി. പിന്നീട് വീട്ടുകാരുടെ ഇടപെടലിനെ തുടർന്ന് കാമുകൻ വിവാഹ വാഗ്ദാനത്തിൽ നിന്ന് പിൻമാറിയപ്പോൾ കാമുകി ബലാൽസംഗ കേസുമായി രംഗത്തെത്തി. സമ്മതത്തോടുകൂടി നടത്തിയ ശാരീരിക ബന്ധം ബലാൽസംഗം ആവില്ല എന്ന് ഇടക്കാലത്ത് ചില കോടതികൾ വിധിച്ചിരുന്നു. സമ്മതം നൽകി ബലപ്രയോഗത്തിലൂടെ അല്ലാതെ ആണ് ബന്ധമുണ്ടായത് എന്നതിൻറെ അടിസ്ഥാനത്തിലാണ് അങ്ങനെ വ്യാഖ്യാനിച്ചിരുന്നത്.

ഇന്ത്യൻ ശിക്ഷാ നിയമത്തിലെ വകുപ്പ് 90 പറയുന്നത് ഭയത്തിന്റെ പേരിലോ തെറ്റായ ധാരണയിലോ നൽകിയ സമ്മതത്തെ കുറിച്ചാണ്.  ഇത്തരം കേസുകളിൽ ശാരീരികബന്ധം സമ്മതത്തോടുകൂടി ആണെങ്കിലും വിവാഹം കഴിക്കും എന്ന് നൽകിയ ഉറപ്പിന്റെ പേരിലുണ്ടായ തെറ്റായ ധാരണയിലാണ് സമ്മതം നൽകിയത് എന്നത് യഥാർത്ഥത്തിലുള്ള സമ്മതമായി കകണക്കാക്കില്ല.ഫലത്തിൽ, വിശ്വാസവഞ്ചനയല്ല, കുറ്റം ബലാൽസംഗം തന്നെ.
(Crl Appeal No.629/2019 Supreme Court)

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