In a significant legal development, the Bombay High Court has acquitted a man who had been accused of rape, overturning the previous decision of the trial court. The case revolved around allegations that the accused had engaged in sexual relations with the victim by falsely promising marriage. The high court's decision was influenced by a pivotal ruling by the Supreme Court of India that distinguishes between a false promise and a mere breach of promise.
The Supreme Court precedent, which the accused's lawyer, Advocate Lokesh Zade, invoked, establishes that if a promise to marry is made with the intention of deceiving a woman into giving consent for sexual relations, rather than with a genuine commitment to marriage, the resulting consent is invalidated due to a "misconception of fact." However, a mere breach of promise, without the intent to deceive, does not constitute a false promise.
Zade argued before the Bombay High Court that this precedent directly applied to his client's case. He emphasized that the accused and the complainant had exchanged a legitimate marriage proposal and had even held a family meeting to discuss the union. Zade asserted that their relationship, spanning from July 2014 to November 2014, was consensual and free from any misleading promises.
The trial court had initially rejected the accused's plea for discharge on August 3, 2019, maintaining that there was enough evidence to proceed with a trial. The complainant alleged that after a family friend introduced her to the accused in June 2014 for a marriage proposal, their relationship progressed. She claimed that the accused's mother consented to the marriage in July and assured her family of the impending union. Allegedly, sexual encounters occurred under the pretext of marriage, coupled with intimidation and verbal abuse.
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