Mumbai: 'Inability To Marry Doesn't Mean Refusal,' Sessions Court Acquits Man In Charges Of Rape With Promise Of Marriage

Mumbai: 'Inability To Marry Doesn't Mean Refusal,' Sessions Court Acquits Man In Charges Of Rape With Promise Of Marriage

The sessions court has acquitted a 25-year-old man from the rape case lodged by his girlfriend after he expressed that his mother was not convinced with their marriage.

Charul Shah JoshiUpdated: Saturday, November 25, 2023, 09:15 PM IST
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Mumbai District and Sessions court, Mumbai | Representational Image

The sessions court has acquitted a 25-year-old man from the rape case lodged by his girlfriend after he expressed that his mother was not convinced with their marriage. The court said the accused cannot be said to have deceived the girl and had a sexual relationship on the promise of marriage, as until the registration of the case, the accused was ready to marry the girl.

Background of case

It is claimed that the accused and the victim girl worked at a hospital in Borivali, where they met in 2016. Even after the two changed their jobs and moved out, they remained in touch with each other. In January 2017, the accused proposed to her for marriage, and they were in a relationship thereafter.

It is claimed that the accused went to the girl's house and asked for marriage. The girl's family agreed, and thereafter, the accused spoke to his parents. However, his mother refused to accept the marriage. The girl claimed that she also tried to convince his mother, but she refused; hence, she lodged a case with Borivali police in December 2017 for rape, claiming that the accused had coerced her into physical relations on the promise of marriage.

Court's observations

The court, after hearing the testimony of the victim and her family, observed that there was a consensual physical relationship. The court noted that since January 2017, the prosecutrix and accused were in a love affair. It is also clear that the accused requested the parents of the complainant not to perform her marriage with any other boy as he would perform marriage with her.

The court also noted that the victim, in her testimony, admitted that the accused was ready to marry her until the time she registered the case. "That means the consent of the prosecutrix was not obtained on a false promise to marry, i.e., on a misconception of the fact. The accused would not have performed marriage because his family members are not ready. But he was ready to perform marriage with the prosecutrix."

"Therefore, it cannot be said that the accused gave a false promise to the prosecutrix and established a physical relationship. The consent of the prosecutrix was not obtained on a misconception of fact," the court said, acquitting the man from charges of rape.

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