Rape of Pretext of Marriage Law has become one of the most commonly used (misused) laws by women, after consensual relationships fail. The current case, where the court has granted bail to the accused man, was a case where both adult man and woman were in a live-in relationship for two years.
Case:
The prosecution’s case was that the applicant had promised to marry the informant, following which the two started living together in a rented apartment from November 2018 to May 2020. The informant alleged that the applicant later refused to marry her, left her, and then married another woman.
Subsequently,, the woman lodged an FIR under:
- Section 376 (rape)
- Section 313 (causing miscarriage without woman’s consent)
…of the Indian Penal Code.
The informant alleged that during the course the relationship, she had to undergo abortion twice. Due to this, she was under psychological pressure.
Woman Refuses Medical Examination
During the bail hearing, she submitted a no-objection affidavit and even refused to undergo a medical examination.
The prosecution opposed the bail contending that the informant’s statement before the magistrate under Section 164 of the Criminal Procedure Code has not bee recorded yet.
Session’s Court, Mumbai
The Sessions Court at Dindoshi in Mumbai was informed by the applicant that the informant, his live in partner, had filed a “no objection affidavit” to the man getting bail.
Additional Sessions Judge SU Baghele added that irrespective of the no objection given by the informant, the factual matrix unveiled in the FIR revealed that the relationship was consensual based on the fact that the applicant and informant were living together without getting married. The court said,
The said live-in relationship, by itself is sufficient to show that the sexual relationship was consensual, due to which, the applicant is entitled to be enlarged on bail, de hors the no objection given by the informant, notwithstanding whether it is voluntarily or otherwise.
Releasing the man on bail before completion of the same could impact the case adversely, the prosecution argued.
After hearing both sides, the Court allowed the application and directed that the applicant be released on bail subjecting to him executing a bail bond of Rs 15, 000.
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