New Delhi, Sept. 11 -- There exists a "clear distinction between rape and consensual sex", the Supreme Court held on Wednesday as it ruled that courts must carefully assess allegations of sexual assault made on the promise of marriage. If the accused never intended to marry and made a false promise with sexual intentions, it held, such conduct would amount to cheating or deception.
Laying down guidance for high courts dealing with petitions under Section 482 of the Code of Criminal Procedure (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita), the bench framed a four-step test to determine whether criminal proceedings should be quashed.P9
Published by HT Digital Content Services with permission from Hindustan Times....