A sessions court in Ahmedabad has ruled that a rape case cannot be used to compel a man to fulfill his promise of marriage. The court acquitted Bhavesh Patel, a bank employee, who was accused by a married woman of raping her under a false promise of marriage.
The case began when Patel decided not to marry the woman after his parents disapproved of the relationship. The objection was based on the fact that the woman had two children from her first marriage. The incident occurred in 2020 when Patel introduced the woman to his parents, expressing his intent to marry her. However, after his parents’ refusal, Patel informed the woman that marriage would not be possible.
Following this, the woman filed a First Information Report (FIR) against Patel under Sections 376 (rape), 420 (cheating), and 506(2) (criminal intimidation) of the Indian Penal Code (IPC). She accused Patel of raping her after falsely promising marriage and cheating her.
The woman claimed she was married in 1999 and had two children. Based on the accused’s suggestion, she divorced her husband in 2017 using a simple divorce deed on a Rs. 100 stamp paper. Despite a two-year relationship, Patel did not marry her.
During the trial, Additional Sessions Judge Amandeep Sibia noted that the woman’s divorce was not legally valid, and hence, marriage with Patel was not possible. The court also highlighted that the woman, being 36 years old and a mother of two at the time, was mature enough to understand the implications of entering a relationship.
The judge remarked, “A married woman entering a relationship cannot claim that she was cheated by a false promise of marriage, especially when legal divorce was not obtained.”
It was also noted that Patel introduced the woman to his parents, but they did not consent to the marriage. The court stated, “In such circumstances, it cannot be said that the accused cheated her. Filing a rape case under Section 376 IPC is not a valid way to enforce a promise of marriage.”
Based on these observations, the court acquitted Bhavesh Patel and dismissed the case. This judgment emphasizes the importance of valid legal procedures and cautions against misusing legal provisions for personal interests.
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