In a significant judgment, the Bombay High Court acquitted a Palghar man accused of cheating after a 25-year legal battle. The case stemmed from allegations by a woman who claimed the man had a sexual relationship with her under the promise of marriage but later refused to marry her. The court ruled that refusal to marry does not constitute cheating under Section 417 of the Indian Penal Code (IPC).
The woman had filed a First Information Report (FIR) back in 1996, accusing the man of engaging in a sexual relationship with her by falsely promising marriage. However, when the man later refused to marry her, she filed a case of cheating. After three years of trial, a Palghar sessions court convicted the man under Section 417 of IPC, sentencing him to one year in prison and imposing a fine of Rs 5,000.
During the trial, eight witnesses, including the woman, testified. She informed the court that she had known the man and had a sexual relationship with him for over three years. Even her sister confirmed the love affair between the two.
However, upon further examination of the case, Justice Prabhudessai of the Bombay High Court found no evidence to suggest that the woman had consented to the sexual relationship due to a misconception of fact regarding marriage. The judge noted that the woman’s testimony did not indicate that her consent was based on fraudulent promises or that the accused never intended to marry her from the start.
“There is no evidence on record to indicate that, since the inception, the accused did not intend to marry her. In the absence of proof that the woman consented to the physical relationship under a misconception of fact, the refusal to marry does not constitute an offence under Section 417 IPC,” said Justice Prabhudessai.
The court concluded that mere refusal to marry, without evidence of deception or false promises at the beginning of the relationship, does not amount to cheating under Indian law. As a result, the man was acquitted of all charges, bringing an end to a legal battle that lasted more than two decades.
This ruling reinforces the importance of clear evidence when alleging fraud or cheating in relationships based on promises of marriage. It highlights that not all relationship breakdowns can be classified as criminal offences unless there is proof of fraudulent intent from the beginning.
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