JABALPUR/BHOPAL:

has ruled that if a woman is in a

, it can't be assumed that she established sexual relations with him of her free will if he had promised to marry her. If he goes back on his promise, she can seek to prosecute him for rape, the court said.

Consent obtained by deceitful means is not free consent, Justice Sushil Kumar Palo said, remarking that the offence then comes within the definition of rape. With this, Justice Palo dismissed a petition filed by the accused and his parents, who had challenged a judicial magistrate's order to register an FIR against Sandeep for rape and against his parents under Dowry Act.

"It would be appropriate to mention that 'consent' for sexual intercourse was obtained by the petitioner by inducing her to believe that he would marry her. It seems to be fraud or that she was deceived by false assurance," Justice Palo said.

The duo had met at a coaching centre in 2016 while preparing for competitive exams, the woman told the court. They fell in love and their parents held an engagement ceremony for them after which they started living like husband and wife, she said. The man cleared the exam, but she did not. Suddenly, the man and his parents started demanding Rs 10 lakh and a car as dowry, she alleges. She tried to lodge a complaint with police against her live-in partner and his parents, but her complaint was allegedly not accepted.

She filed a petition in the court of judicial magistrate, first class, Nivari, who ordered police to register a case. It was against this order that the man and his parents moved high court.

While dismissing the petition, Justice Palo mentioned an earlier SC observation which said: "A woman's body is not a man's play thing and he can't take advantage of it i to satisfy his lust by fooling a woman into consenting to sexual intercourse because he wants to indulge in it."