Not every breach of “promise to marry” is rape, Supreme Court clarifies! Naim Ahamad v. State NCT Cr. Appeal: 257/2023

In a recent and important ruling, the Hon’ble Supreme Court acquitted a man who had been convicted of rape under the allegation of making a false promise to marry. This judgment, which overturned concurrent findings of the Trial Court and the High Court, comes as a much-needed reaffirmation of legal clarity and the foundational principle of informed consent in adult relationships.

🔍 The Background

The complainant had alleged that she and the accused were in a sexual relationship based on his promise to marry her. The relationship continued for several years, during which she even gave birth to a child fathered by the accused. However, upon discovering the accused was already married with children, the complainant claimed she was misled and violated.

What tilted the scales in this case was the deeper reality, which the Supreme Court meticulously examined. The complainant was herself a married woman with three children when she entered into the relationship. She later got divorced by mutual consent and left her children with her ex-husband. Evidence also showed that she had made financial demands on the accused, and the fallout from these demands likely caused the relationship—and the intended marriage—to break down.

⚖️ Why the Acquittal Was Justified

This was not a case where the accused had no intention to marry from the outset—a key requirement to establish rape on the ground of false promise. Rather, the promise failed due to subsequent developments and strained dynamics between two consenting adults.

The Hon’ble Court rightly observed that both individuals were mature adults, fully capable of understanding the consequences of their actions. The woman’s consent to engage in sexual relations was not induced by deception alone but was part of a long-standing mutual relationship. Labeling such nuanced and complex situations as rape dilutes the seriousness of the offence and undermines the very real cases of sexual violence.

🧠 Legal and Moral Clarity

This decision reinforces an essential principle: rape laws are not meant to police failed relationships or emotional betrayal—they are meant to punish sexual violence and coercion. When the law is stretched to cover broken relationships under the garb of “false promises,” it leads to misuse and, unfortunately, trivializes the trauma of genuine victims.

Moreover, the judgment shows the importance of judicial intervention to protect individuals from being wrongfully criminalized due to misapplication of serious criminal provisions. The Court’s stance upholds fairness, protects innocent lives, and promotes a more reasoned application of law in interpersonal and intimate relationships.

✅ Final Thoughts

As a legal professional, I strongly support the Supreme Court’s reasoning in this case. It’s a timely reminder that criminal law must be guided by facts, intention, and context—not by emotion or assumptions. Not every romantic failure is criminal. And certainly, not every unfulfilled promise to marry can be equated with the heinous crime of rape.

This judgment deserves both public and academic attention, for it brings us closer to a balanced and just legal system.

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