The Bombay High Court recently comprising of a bench of Justice Bharati Dangre held that merely because a girl is friendly with a boy, doesn't allow him to take her for granted and construe it as a consent to establish sexual relationship with her (Ashish Chakor vs State of Maharashtra)
Brief Facts of the Case
The applicant is apprehending his arrest in case lodged with for the offences punishable under Sections 376(2)(n), 376(2)(h) and 417 of the IPC.
The complainant and a friend went to another friend's house in 2019, where the accused allegedly had forcible sexual intercourse with her. When she objected, he said that he liked her and that he was going to marry her. The act was then repeated several times between April 2019 and 2022.
According to the complaint, the woman described several instances in which they had sex after the accused promised to marry her.
Later, when the complainant conceived and was found to be six weeks pregnant, she immediately contacted the accused, but he refused to take responsibility. Instead, he blamed her and alleged that she was in a relationship with someone else. She kept requesting the accused to marry her, but he refused.
High Court's Observations and Judgment
The Court observed that reading of the complaint revealed that the girl, who is major, developed a liking for the applicant, but her version as far as the sexual relationship was concerned, is that she gave her consent, since the applicant gave a promise of marriage. However, when the girl conceived, the applicant attributed infidelity, but once again committed forcible sexual intercourse with her on the last date as mentioned in the complaint.
The Court rejecting the application remarked, "Merely sharing friendly relationship with a girl do not permit a boy to take her for granted and construe it as her consent to establish physical relationship. In today’s society when a man and woman are working together, it is quite possible that proximity may develop between them, being either mentally compatible or confding in each other as friends, ignoring the gender, since friendship is not gender based.
However, this friendship with the person of fairer sex, does not confer a licence upon a man to force himself upon her, when she specifcally refuse copulation. Every woman expects ‘Respect’ in a relationship, be it in the nature of friendship based on mutual affection. Here is the applicant, who is accused of maintaining sexual relationship on the pretext of marriage, but when the complainant conceived, he walked out alleging that pregnancy carried by her is on account of her relationship with other persons."
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