Court Rules Rape Case Cannot Enforce Marriage Promise
A sessions court in Ahmedabad recently ruled that a rape case cannot be used to force a man to fulfill his promise of marriage. With this decision, the court acquitted Bhavesh Patel, a bank employee, who was accused by a married woman of raping her under the false promise of marriage.
Case Background
Bhavesh Patel did not marry the woman after his parents disapproved of their relationship, primarily because she had two children from her previous marriage. In 2020, Patel introduced the woman to his parents and expressed his wish to marry her. When Patel informed the woman that he couldn’t marry her, she filed an FIR against him under Sections 376, 420, and 506(2) of the Indian Penal Code (IPC). She accused him of rape, cheating, and criminal intimidation.
Accusations and Court Observations
The woman claimed she divorced her first husband in 2017, following Patel’s suggestion, by making a divorce deed on a Rs. 100 stamp paper. However, after a two-year relationship, Patel did not fulfill his promise of marriage.
During the trial, additional sessions judge Amandeep Sibia rejected the woman’s accusations, stating that she was not “forced and lured into the relationship on a false promise of marriage.” The court noted that her divorce was not legally valid, making any marriage between her and Patel impossible.
Court’s Decision
The court highlighted that the woman was 36 years old and a mother of two at the time of the alleged incidents. The judge remarked that she could not have been naive to engage in a physical relationship while still married.
The court stated, “A married woman entering a relationship with the accused cannot say that he had cheated her by falsely promising marriage, as it is not possible for the accused to marry a married lady who had not obtained a legal divorce.”
The judge also pointed out that Patel’s parents did not consent to the marriage, which further complicated the situation. The court concluded that prosecuting Patel under Section 376 IPC is not a method to enforce a promise of marriage. As a result, the court acquitted Bhavesh Patel and dismissed the case.
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