A married woman had sexual relations with the accused, who promised to marry her. The courts initially found the accused guilty of the offense under Section 376 of the Indian Penal Code (IPC), but after a closer examination of the evidence, it was found to be a fallacy. The key issue is whether the woman's consent was given under a false promise or not. There is a difference between a false promise and a breach of promise, and the court must examine each case based on its specific facts. In this case, the woman was mature and intelligent enough to understand the consequences of her actions and her conduct during the relationship suggests that she had willingly betrayed her husband and children. Every breach of promise is not a false promise of marriage and thus every breach of promise will not result in a conviction of rape.
The Supreme Court of India has held in Dr.Subramanian Swamy vs.Dir,CBI that Sec.6A of the DSPE Act,1948 which mandates that approval of the government is necessary to conduct an investigation under the Prevention of Corruption Act,1988 for the posts of Jt.Secy. and above as well as officers apponted by the Central Government in corporations,is invalid and violative of Art.14 of the Constitution of India.
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