After 25 years, the Bombay High Court has acquitted a man from Palghar who was accused of cheating for having a sexual relationship with a woman under the pretense of marriage. The court ruled that refusing to marry after a long-term relationship does not constitute an offense under Section 417 of the IPC.
The case began in 1996 when the woman filed an FIR alleging that the man had promised to marry her but then refused. Following a three-year trial, the additional sessions judge in Palghar found the man guilty and sentenced him to one year in prison, along with a Rs 5,000 fine.
During the trial, eight witnesses, including the woman, testified. She admitted to having a sexual relationship with the man for over three years, and her sister confirmed their affair.
Justice Prabhudessai, reviewing the case, found that there was no evidence indicating the woman’s consent was based on a fraudulent promise of marriage. Without proof that the woman’s consent was based on a false promise, the court ruled that simply refusing to marry after a relationship does not meet the criteria for cheating under Section 417 IPC.
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