Breaking off marriage promise not cheating, rape: Bombay HC
Breaking the promise to marry does not amount to cheating, even if the couple was maintaining a consensual physical relationship, the Bombay high court held while granting bail to a railway employee charged with rape.
The man has been accused of rape by his former girlfriend, on the grounds that he did not honour a promise to marry her.
According to her complaint, the 30-year-old woman was having an affair with the railway employee since 2002, but she married someone else in May 2009. However, she continued her relationship with the accused, and purportedly on his persuasion and promise to marry, divorced her husband two months after the marriage.
Last year, the railway employee decided to marry some other woman. The complainant then approached the woman’s family, and showed them her intimate pictures with the accused. The marriage was called off, but the man married another woman, and one mammoth later, in May 2015, a complaint of rape and cheating was registered with the Neral police.
The railway employee approached the high court seeking a pre-arrest bail, claiming their relationship was consensual, and could not be termed rape.
Justice Mridula Bhatkar granted the bail on a bond of Rs30,000, noting “it is an unfortunate case of a frustrated love affair.”
“Prima facie, it is difficult to accept, when the complainant is major and a married woman, she consented for sex only because there was promise to marry by a person,” said Justice Bhatkar.
“Such woman is responsible for her decision to have sex,” the judge said further, adding “Even though a promise to marry was given, subsequently if at all the party feels it is not possible to continue the relationship as they are not compatible and there are differences of opinion, it cannot be called cheating.”
The court said there wasn’t much substance in the complainant’s allegation that the accused circulated her obscene clips in the locality. The court noted the allegation was belated and came for the first time when her supplementary statement was recorded, much after the registration of the First Information Report.
The Lal Bagh Botanical Garden Flower Show, on its last day, attracted a huge crowd as fans of late actor Puneeth Rajkumar thronged Lal Bagh to pay tributes to their favourite hero. Bengaluru traffic police have also been working to avoid traffic congestion around the area on the last day and already issued a traffic advisory to the people who are visiting the park on Independence Day.
Chief minister Yogi Adityanath said Uttar Pradesh has attracted investment of Rs 4 lakh crore and is eyeing another Rs 10 lakh crore investment at the global investors' summit, proposed to be held in UP in January-February 2023. He credited Prime Minister Narendra Modi for converting the 75 years celebration of India's independence into a “rashtriya utsav (national festival)”. Nine airports were there in the state and five more are coming up.
Chief minister Hemant Soren said though the tribals and downtrodden were empowered socially, financially and economically during the last 75 years, the goal of establishing an egalitarian society was still to be achieved. “We cannot achieve this goal unless we are successful in preventing exploitation of a person by another person,” Soren said after hoisting the national flag at Ranchi's Morabadi Ground.
Independence Day celebrations were held across Jammu and Kashmir on Monday amid high security. J&K's Lt Governor Manoj Sinha unfurled the national flag at the SK stadium in Srinagar while chairpersons of the District Development Council were at the district headquarters to hoist the tricolour. In his address, L-G Sinha said the administration decided that 5 August will be celebrated as freedom from corruption day every year.
In a tragic development on India's Independence Day, a couple and their three children were killed after a wall in their house collapsed in Bastar's Kanker in Chhattisgarh on Monday. Kanker superintendent of police Shalabh Sinha said the incident took place in the morning in Irpanar village in Pakhanjore area of the district when the victims were asleep in their mud house.