Court emphasizes distinguishing consensual relationships from genuine cases of coercion and exploitation.
In a significant ruling, the Delhi High Court, presided over by Justice Prateek Jalan, granted anticipatory bail to Vineet Sorout, who faced allegations of rape under the pretext of a false promise of marriage. The court underscored the necessity of differentiating between consensual relationships and cases that genuinely involve coercion or lack of consent.
The case originated from an FIR filed on October 9, 2025, under Sections 376(2)(n) and 506 of the Indian Penal Code, at Khajuri Khas Police Station, Delhi. The prosecutrix alleged that the petitioner had engaged in a physical relationship with her over several years, promising marriage but failing to fulfill this promise, and subsequently demanding dowry.
Justice Jalan noted that the relationship, which spanned nearly five years, included an engagement ceremony or "Roka," which demonstrated no initial false intent of marriage by the petitioner. The judge referenced previous judgments by the Supreme Court, emphasizing that failed relationships should not be retroactively criminalized as rape unless there is clear evidence of deceit at the outset.
The court took into account the prosecutrix's earlier complaints to the police, which did not mention rape but focused on dowry demands, further supporting the argument of a consensual relationship rather than one based on deceit. The bail conditions require the petitioner to cooperate with the investigation, maintain contact with the investigating officer, and refrain from influencing the prosecutrix or tampering with evidence.
The judgment reiterates the need for careful evaluation in cases where relationships do not culminate in marriage, to prevent misuse of criminal laws and protect individuals from undue stigma.
Bottom Line:
Anticipatory bail granted in a case of alleged rape under false promise of marriage. Court emphasized the necessity to distinguish consensual relationships from instances of genuine coercion, violence, or absence of free consent.
Statutory provision(s):
- Indian Penal Code, 1860 Sections 376(2)(n), 506
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 183
Vineet Sorout v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2861332
