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17/02/2026

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06/02/2026

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06/02/2026

Refusal to Marry after Girl became Pregnant is R**e, rules HC Calcutta High Court


The Calcutta High Court has refused to interfere with a r**e conviction, holding that sexual consent extracted through a sham promise of marriage amounts to no consent in law, especially where deception existed from the outset. The ruling reinforces that promises made without genuine intent can vitiate consent under criminal law, carrying serious penal consequences.

The case arose from a complaint filed by the survivor’s family after it emerged that a young woman had been drawn into a sexual relationship by assurances of marriage, only to be abandoned once she became pregnant. The accused, already married, contested the conviction by arguing that the relationship was consensual and that the survivor voluntarily met him on multiple occasions.

Prosecutors countered that the relationship was built entirely on a false assurance of marriage, accompanied by inducements, and that the refusal to marry after conception exposed the deception that existed from the very beginning.

Dismissing the appeal, Justice Chaitali Chatterjee Das held that consent premised on a false promise of marriage is consent obtained under a misconception of fact, and therefore legally invalid. The Court underscored that the accused’s marital status and conduct showed an absence of bona fide intent from inception, observing that it was a “clear case of deception from the beginning.”

Medical evidence was held non-determinative given the delay in examination, and the surrounding circumstances sufficiently established the offence. The Court accordingly upheld the trial court’s finding under Section 376 of the IPC and affirmed the sentence of seven years’ imprisonment.

22/10/2025

Who is this lawyer??

21/10/2025

Who is this lawyer??

29/08/2025

A man with a golden heart and with the courage of a lion has gone to the glory today.

This august institution of antiquity has lost one of its brightest minds who by reason of honesty, wisdom and integrity had always enlightened the Bench.

I remember one day, I had appeared for the petitioner and Mr. Dastoor, Learned Senior Advocate and the then Additional Solicitor General, had represented the Central Government. Mr. Dastoor, by reason of his inherent generosity, had submitted to the Court that the impugned enactment as well as the notification were issued in contravention of law and the petitoner was entitled to be blessed with an interim order. I also remember with reverence, Justice Bhaskar Bhattacharya’s utterance from the Bench that there was a time when the Goverment Pleader and Advocate General had the propriety of conscience to admit in a curial combat, illegalities of the impugned action initiated by the Government of the State or Centre. Such was the climate which created a deep and all pervasive moral courage in the institution and the people’s confidence in this institution got reinforced.

He was a man with shavian wit and unquestionable integrity.

Late Balai Chandra Ray, the Late Advocate General used to say that he was proud of his junior’s glory.

Mr. Dastoor had an unquenchable thirst for knowledge and therefore, is a relentless source of inspiration for the members of the Bar. He had inculcated sobriety as a virtue.

I pay my respectful homage to the towering personality of the Bar.
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