Sending Obscene Messages To Fiancee Can’t Be Insulting Her Modesty | Court Acquits Man After 11-Years

A sessions court in Mumbai acquitted a 36-year-old man in a case of cheating and raping his fiancee under false promise of marriage. The man was booked in the case 11-years ago and the court in 2021 observed,

Sending “obscene messages” to a woman, one is going to marry, cannot be termed as insulting her modesty.

Case:

The couple had met on a matrimonial site in 2007 and tried to marry despite opposition. The mother of the accused was against the match and refused to let him stay in either of the homes after the proposed marriage. In 2010, the man broke up the relationship. The woman lodged an FIR in 2010.

The parents of the accused were also booked in the case.

Acquitting the man of rape charges, the court now said how every breach of promise to marry cannot be termed cheating or rape.

Sessions Court, Mumbai

The court said the accused was was in relationship for more than two years, had initially taken a house on rent and later renovated a flat belonging to his family.

The court held that sending such messages in premarital period may delight and give the feeling that someone is close enough to understand one’s emotions. Adding further the court remarked,

If at all those are not liked by the other side, it has discretion with it to convey its displeasure to the other side, and the other side generally avoids a repeat of such a mistake.

The purpose was to put up his expectation before her, to arouse her with similar feeling of sex, which may give happiness even to her, etc. But in no way those SMSs can be said as were sent to insult her modesty.

The court further said,

He had even been to Arya Samaj Hall with mangalsutra but it was the quarrel on the ground of stay after marriage and thereafter, by getting tired of his indecisiveness and getting surrendered before his mother’s wish and failing to handle and tackle the problem stood before him in proper manner, he came back.

But it is certainly not the case of false promise of marriage. It is the case of failure to make substantial efforts.

The court specified that it was not necessary for the woman to have allowed the accused to have sex with her prior to marriage. The court said she opted for it, believing blindly that they would marry, even though she was aware of opposition. Concluding the matter, the sessions court noted,

Even after respecting emotions of the informant (woman), respecting her fighting for justice for 11-years or more, this court is of humble opinion that this is not a case which would show that the offence of rape has been committed.

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