The Bombay High Court recently acquitted a rape accused and set aside the trial court’s order. The case was about the allegation of rape by promising marriage. The girl had lodged an FIR in this case that the young man made physical relations with her by falsely promising to marry her. The case was registered under sections of rape. Before the High Court, the counsel for the accused cited a decision of the Supreme Court, on the basis of which the High Court dropped the case against the accused. The High Court said that breaking a promise does not mean making a false promise.
The Supreme Court had said that going back on a promise of marriage is not a false promise. Making a relationship by promising marriage in every case is not rape. Assuming this, it would be foolish to punish the accused. The High Court referred to this order of the Supreme Court.
The Supreme Court had said that if someone promises to marry and the woman has consensual sex, it is not cheating. Breach of promise cannot be called false promise. Advocate Lokesh Jade argued before the High Court that the Supreme Court’s decision was applicable to his client’s case. He argued that there was a marriage proposal between the two and also a family meeting.
Both the young man and the woman were in a relationship from July 2014 to November 2014. The relationship between the two was consensual. No force was used. The accused had not made any false promise of marriage.
On August 3, 2019, the trial court, while rejecting his plea for discharge, had said that there was a prima facie case for prosecution. The FIR stated that she had met the accused in June 2014 for a marriage proposal through a family friend. He also claimed that in July his mother had given her consent for the marriage and had assured the marriage to his family, after which he started meeting her after they had intercourse on the assurance of marriage.
The girl alleged that the young man threatened her and also abused her. The relationship between the two was made with consent. The young man did not use force with the girl. After hearing advocate Priyanka Chavan on behalf of High Court prosecutor YY Dabke, her petition was disposed of.