The Bombay High Court has ruled that a rape case cannot be sustained if the relationship was consensual and not based on a false promise of marriage. The court held that the woman involved was mature, educated, and fully capable of understanding the moral and legal consequences of her decisions.
A division bench of Justice Vinay Joshi and Justice Vrushali V. Joshi was hearing a plea to quash an FIR and chargesheet registered under Section 376(2)(n) of the IPC and provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
The judges observed that the victim, an engineering student, willingly entered into a long-term relationship with the applicant. Families from both sides had even discussed marriage. The court noted that the applicant had expressed a genuine intention to marry and had introduced the victim to his family, which showed that his promise of marriage was not false or made in bad faith.
Referring to the Supreme Court’s decision in Pramod Suryabhan Pawar v. State of Maharashtra (2019), the bench clarified that for a rape charge on the basis of a false promise of marriage, two key conditions must be met:
- The promise must have been false from the very beginning.
- The false promise must have directly influenced the woman’s decision to engage in a sexual relationship.
In this case, the court highlighted that the couple had been in a consensual relationship for over five years, often staying at each other’s homes, traveling together, and meeting regularly. The evidence showed that the relationship was open and not secretive, and both sides’ families were involved in marriage discussions.
The bench also considered the applicant’s police complaint, where he alleged harassment by the victim after their relationship soured. Based on the material presented, the court concluded that it was not a case of deceitful intent or false promise of marriage.
As a result, the High Court quashed the FIR and set aside the chargesheet, allowing the applicant’s plea.
Cause Title: Vaibhav v. State of Maharashtra
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
