Mumbai :-The Hon’ble Justice Vinay Joshi and Justice M. W. Chandwani of Nagpur Bench of the Bombay High Court have quashed the rape charges against the accused vide order dated 29/11/2023, who is a Police Sub Inspector. The victim aged 22 years lodged FIR against the accused at Police Station – Kapil Nagar, Nagpur on 30/03/2022, contending that, she got acquainted with the accused through Instagram. Both were frequently meeting through social media. It is her case that the accused was saying that he would marry with her. On such assurance, the victim gives consent and had sexual relationship with him. She stated that on 13.03.2022, she denied for sexual relationship as she felt that the accused would not marry. He had established physical relation by force. The victim stated that twice she remained pregnant, but got aborted. The victim felt that the accused would not marry and therefore, she lodged the report.
The counsel appearing for accused submitted that the entire episode discloses that it was a love relationship in between two youngsters. The victim never gave her consent for sexual relationship under fear or misconception of any fact or on account of false promise of marriage. He further submitted that, physical relationship was established on account of her own volition of mind and she maintained relations which were for two years and it is not a case of false promise to marry, but the facts are indicative of consensual sex on account of love relation.
After hearing the parties, the Hon’ble High Court in its order has observed that, the victim was well grown-up lady aged 22 years old. She had acquainted with the accused since last two years and were in talking terms. She never stated that since beginning, the accused was intending to cheat and thus, his assurance for marriage was false. The entire reading of FIR nowhere gives impression that since inception, there was intention to cheat, rather it appears that through social media they got acquainted and maintained relationship for long two years. Moreover, despite her intuition that the accused would not marry, she still continued relation and did not ventilate grievance for considerable period. Beside that the victim in her reply stated that the relation was consensual. There was misunderstanding which resulted into filing of FIR. The victim specifically stated that by the time, she got married and pendency of criminal case may put hurdle in her smooth marital life. Apart from settlement, the Hon’ble High Court examined case on merit and unable to find the essential to hold that on account of false promise that too from inception, the accused has obtained consent of victim for sexual relation and long-standing relationship in between two adults gives impression that it was a consensual relationship between them. Therefore, the Hon’ble High Court had quashed the rape charges against the accused. Adv. Amit R Prasad, Adv. Rahul R. Tiwari, Adv. Sharda R. Tiwari and Adv. Mamta Kolhatkar appeared on behalf of accused.