Refusing to Marry after Physical Relationship is not Cheating – Bombay High Court Acquits Young Man

Team SoOLEGAL 23 Dec 2021 3:24pm

Refusing to Marry after Physical Relationship is not Cheating – Bombay High Court Acquits Young Man

If a person declines to marry after having a long – term physical relationship, this is not considered cheating. The Bombay High Court made this statement when overturning a lower Court’s decision to condemn a young man. According to the Court:
“There is no evidence on record to indicate that since the inception accused did not intend to marry her. In the absence of evidence to prove that the prosecutrix had consented for physical relationship on a misconception of fact, as stipulated under Section 90 of IPC, the mere refusal to marry would not constitute offence under Section 417 of the IPC.”

The police had launched a case of rape and cheating under Sections 376 and 417 based on the accusation of girlfriend Kashinath Gharat, a resident of Palghar.

Kashinath’s girlfriend said that he had a sexual relationship with her and promised marriage, but subsequently broke the commitment. On February 19th, 1999, the Additional Session Judge acquitted Kashinath of the rape accusation but found him guilty of cheating.

Kashinath was sentenced to one year in jail for having a relationship based on the promise of marriage for three years and then breaking it. Gharat appealed the verdict to the Bombay High Court, where a single bench led by Justice Anuja Prabhudesai acquitted him of the fraud allegation as well.

According to Justice Prabhudesai, the evidence demonstrates that the woman and the accused had a physical contact for three years and had an affair. According to the Court, the woman’s statement does not establish that she was deceived in any way.

During the hearing of the case, the High Court also resorted to Supreme Court rulings in similar situations. The Court ruled that it must be proven that false facts were presented to the lady while offering her marriage, and that those information were later proven to be incorrect.

The court said that two things must be proven: first, that the marriage was discussed by providing false information; and second, the promise was false and the lady accepted to have sex under his illusion.

By providing incorrect information, no evidence of having intercourse was discovered. According to the High Court, there is no proof in this case that the accused did not wish to marry the woman. There are insufficient data to indicate that the accused encouraged the victim to have sexual intercourse by providing misleading information.

As a result, he cannot be accused of cheating because he refused to marry after a long relationship.

Tagged: Bombay High Court   Justice Anuja Prabhudesai   High Court   Supreme Court  
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