Having sex with a girl on the promise of marriage and later refusing to tie the knot on flimsy grounds amounts to commission of rape particularly when the boy from very inception had no intention of marrying the girl.
A case where the girl agrees to have sexual intercourse on account of her love and passion for the boy and not solely on account of the misrepresentations made to her by the boy or a case where a boy, on account of circumstances, which he could not have foreseen or which are beyond his control, does not marry her despite having all good intention to do so, has to be treated differently
if a fully grown up girl consents to the act of sexual intercourse on a promise of marriage and continues to indulge in such activity until she becomes pregnant it is an act of promiscuity on her part and not an act induced by misconception of fact and Section 90 IPC cannot be invoked unless the court can be assured that from the inception accused never intended to marry her
No intention to marry her right from the beginning
he accused had no intention to marry her right from the beginning and committed sexual intercourse totally under the misconception of fact by prosecutrix that he would marry her. Comes under Rape. Hon’ble Supreme Court said in such cases “factors like the age of the girl, her education and her status in the society and likewise the social status of the boy’ are necessary considerations. If prosecutrix was also equally keen, then in that case the offence is condoned. But in case a poor girl placed in a peculiar circumstance where her father has died and she does not understand what the consequences may result for indulging into such acts and when the accused promised to marry but he never intended to marry right from the beginning then the consent of the girl is of no consequence. A consent obtained by misconception while playing a fraud is not consent.”
If the accused persuaded a girl of tender age that he would marry her then such consent was not obtained voluntarily but under a misconception of fact and the accused right from the beginning never intended to fulfill the promise. Such fraudulent consent cannot be said to be consent so as to condone the offence of the accused.
So if she file a false case take an anticipatory bail and contest the case with cogent evidence and prove you are innocent.