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FRIENDLY RELATIONS NOT CONSENT TO ESTABLISH PHYSICAL RELATIONS:BOMBAY HC

Team SoOLEGAL 18 Jul 2022 5:34pm

FRIENDLY RELATIONS NOT CONSENT TO ESTABLISH PHYSICAL RELATIONS:BOMBAY HC

New Delhi: The Bombay High Court recently ruled that just because a girl is friendly with a boy does not allow him to take her for granted and interpret it as consent to establish a sexual relationship with her.

The applicant is anticipating his arrest in connection with a case filed under Sections 376(2)(n), 376(2)(h), and 417 of the IPC.

In 2019, the complainant and a friend went to the home of another friend, where the accused allegedly had coercive sexual intercourse with her. When she objected, he stated that he liked her and planned to marry her. Between April 2019 and 2022, the act was repeated multiple times.

The woman described several occurrences in which they had physical intimacy after the accused promised to marry her, according to the complaint.

When the complainant became pregnant and was discovered to be six weeks pregnant, she immediately informed the accused, but he refused to accept responsibility. Instead, he blamed her and claimed she was in a relationship with another man. She repeatedly asked the accused to marry her, but he refused.

The Court noted that a reading of the complaint revealed that the girl, who is major, developed a liking for the applicant, but her version of the sexual relationship is that she consented because the applicant promised marriage. However, when the girl became pregnant, the applicant blamed infidelity, but engaged in forcible sexual intercourse with her again on the last date specified in the complaint.

Merely sharing a friendly relationship with a girl does not permit a boy to take her for granted and construe it as her consent to establish a physical relationship, the Court said in rejecting the application. When a man and a woman work together in today's society, it is quite possible that they will become close, either mentally compatible or confiding in each other as friends, ignoring the gender, because friendship is not gender based.

However, friendship with someone of a different gender does not give a man the right to force himself on her when she expressly refuses copulation. Every woman expects 'Respect' in a relationship, whether it is a friendship based on mutual affection or a romantic relationship. Here is the applicant, who is accused of having a sexual relationship under the pretext of marriage, but when the complainant conceived, he walked out, claiming that the pregnancy was caused by her relationship with other people.



Tagged: Friendly Relations   Consent  
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