HC on Rape: Married Woman Can’t Claim She Was Raped on Pretext of Marriage, Says Bombay High Court While Granting Bail to Man Arrested in Rape Case
The single bench judge of Justice Manish Pitale observed while granting anticipatory bail to a man arrested by the Pune police in a rape case. "Being a married woman, she was clearly aware that she would not be able to marry the applicant," the court said.
On Thursday, September 26, the Bombay High Court said that a married woman cannot claim that she fell victim to a false promise of marriage by a man and consented to sexual intercourse on that ground. The single bench judge of Justice Manish Pitale observed while granting anticipatory bail to a man arrested by the Pune police in a rape case. "In the first place, the informant herself being a married woman, cannot claim that she fell prey to the false promise of marriage given by the applicant. Being a married woman, she was clearly aware that she would not be able to marry the applicant. In any case, even the applicant is a married man and therefore, the theory of false promise of marriage prima facie appears to be misplaced," the court stated. The court made the observations while hearing the anticipatory bail plea filed by a man named Vishal Nagnath Shinde, who was booked for rape and criminal intimidation under the Indian Penal Code. ‘His Intention Was Not Good’: Bombay High Court Upholds Conviction of Man Accused of Stalking and Sexually Harassing 13-Year-Old Schoolgirl in Amravati.
'Theory of False Promise of Marriage Prima Facie Appears To Be Misplaced'
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