The Bombay High Court granted anticipatory bail to a man accused of raping a woman on Failure to fulfil promise of marriage.
Victim girl is aged about 24 years. She lodged a First Information Report wherein she contended that she is resident of village Gawara, Yavatmal. She completed her nursing course in the year 2017. The applicant is the son of her cousin’s maternal uncle who resides at village Khapri, Yavatmal. It is alleged that when she was doing nursing course at Pune she had come to her house at village Gawara. She had come for the Diwali festival, during that period, the applicant called her and they started talking to each other. Initially they were friends, thereafter the applicant proposed her for marriage. Thereafter, they developed a love relationship. The applicant used to tell complainant that he would marry her and therefore, the complainant used to allow him to have a sexual relations with her. It is alleged that he breached the promise of marriage.
APP V.A. Thakre, contended that the applicant on the pretext of marriage had kept physical relations with the complainant. The complainant was referred to medical examination and a report was submitted by the Medical Officer. He argued that on perusal of statement of victim, it is clear that the applicant on misconception of fact obtained the consent of the complainant and had sexual relations with her.
Advocate R.J. Mirza, appearing for the applicant, argued that the alleged consent given by the complainant for physical relationship was not the result of alleged promise to marry by the applicant. Therefore there was no misconception of fact in the mind of the complainant.
The single judge bench of Justice Surendra P. Tavade said that it does not on its face indicate that the promise by applicant was false or that the complainant engaged in sexual relations on the basis of promise. There is no allegation in the First Information Report that when the applicant promised to marry the complainant, it was done in bad faith and with the intention to deceive her.
The court while granting bail to the applicant held that that the consent given by complainant for sexual relations with applicant was not simply based on promise to marriage. They had a consensual relationship.
Case title: Gulab S/o Laxman Meshram v/s State of Maharashtra
Citation: CRIMINAL APPLICATION (ABA) NO. 21 OF 2022