Mumbai High Court said that a person cannot be accused of rape if he does not fulfill the promise of marriage due to circumstances. Saying this, the court acquitted the young man accused of not fulfilling the promise of marriage when his parents did not agree to the relationship.
The complainant woman had lodged a complaint with the Nagpur Police in 2019 that the man with whom she was in a relationship since 2016, had physical relations with her after promising marriage. However, the court said that there is a difference between breaking a promise and making a false promise. A single bench of Justice MW Chandwani said in its decision that the young man had broken his promise to marry. But this cannot be called making a false promise to have a physical relationship. In the petition filed by the young man in the High Court seeking acquittal, it was said that he had every intention of marrying the woman but she rejected his proposal and said that she would marry someone else.
It has also been told in the petition that the youth’s family was against this relationship. So he agreed to get engaged to another woman. The court said that this is a case of not being able to fulfill a promise or breaking a promise due to multiple circumstances, about which the accused youth had not thought in advance or over which he had no control. He was unable to marry the victim despite intending to.
Is married to someone else. young woman
According to the petition, when the girl came to know that the young man was engaged to someone else, she got angry and lodged a complaint with the police. It was also told that the complainant had also married another person in 2021. The court said that the victim was an adult and the allegations made by her did not prove that the young man’s promise to marry her was false. There is also no material on record to suggest that the applicant has committed the crime of rape.