Why the Jharkhand High Court Ruled That Hiding Existing Marriage To Induce Woman Into S*x on Promise of Marriage Is Rape

The Jharkhand High Court has ruled that a man who conceals an existing marriage to induce a woman into a s*xual relationship under a promise of marriage commits rape. The court held that such non-disclosure vitiates the woman's consent, classifying it as a "misconception of fact" under the law. In the judgment for Ramesh Sahu v. State of Jharkhand, Justice Pradeep Kumar Srivastava observed that the appellant's intentional concealment proved he never intended to fulfil his promise, using it instead to exploit the victim.

“He has also concealed the factum of his being already married person clearly indicates that from the very inception, he had intention to deceive the prosecutrix (victim) and take undue advantage of s*xual lust,” the Court observed. 'Relationship of Wife and Husband Is Based on Trust and Respect': Jharkhand High Court Grants Divorce to Woman, Cites 'Character Assassination' by Husband.

Context of the Legal Challenge

The ruling came during an appeal filed by Ramesh Sahu, who challenged his prior conviction and sentencing by a trial court in Gumla. According to the prosecution, the victim had been living at her parental home after her husband died of tuberculosis within two years of their marriage. The woman alleged that in December 1999, the appellant raped her in a forest after threatening her life. Following the initial assault, Sahu allegedly assured the woman and her parents that he would marry her, cover her expenses, and live with her. Based on these assurances, the two cohabited for several years. The woman subsequently filed a First Information Report (FIR) in January 2004 after Sahu repeatedly delayed the wedding before ultimately refusing to marry her.

False Promise vs Breach of Promise

Before the High Court, the defence argued that the relationship was entirely consensual and that the legal action was a retaliatory filing after their personal relationship soured. Sahu's counsel contended that the situation amounted to a breach of a promise to marry rather than a false promise made from the beginning. In evaluating the case, the High Court cited established Supreme Court precedents that distinguish between a simple breach of promise and a fraudulent one. Legal consent is only invalidated if the promise of marriage was fundamentally deceptive from the outset, specifically deployed as a tool to gain s*xual access.

Applying this standard, the Court highlighted that Sahu had married another woman in 1997, a fact he hid while continuing to promise marriage to the victim. The defence failed to provide any evidence of external circumstances that legitimately prevented him from marrying her. “In spite of being a married person, the appellant seduced the victim to solemnize marriage with her… He has also concealed the factum of his being already married… Therefore, it cannot be said that there was any breach of promise of marriage… rather it was false promise of marriage which was never intended to be fulfilled,” the Court held. ‘How Much Commission Have You Taken So Far?’: Jharkhand High Court Judge Slams IAS Officer Over Land Compensation Case, Calls Him ‘Monkey’; Video Goes Viral.

Final Verdict and Sentence Modification

The High Court also dismissed the defence’s argument that a four-year delay in filing the FIR compromised the prosecution's integrity, noting that the unique circumstances of the prolonged deception adequately explained the timeline. However, the court found a lack of corroborating medical or documentary evidence regarding the woman’s allegation that Sahu had caused two of her miscarriages without her consent. While the victim testified to receiving medical treatment, neither the attending physician nor medical records were introduced during the trial. Consequently, the High Court partly allowed the appeal. It set aside the conviction under Section 313 of the Indian Penal Code (causing miscarriage without consent) but fully affirmed Sahu’s conviction and seven-year prison sentence for rape. Sahu has been ordered to surrender before the Gumla trial court within two months to serve the remainder of his sentence.

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

(The above story first appeared on LatestLY on Jul 02, 2026 09:04 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).