Mitali Palnitkar
Published On: January 12, 2022 at 18:55 IST
The Nagpur Bench of the Bombay High Court rejected the Complaint of a man to Quash a First Information Report (FIR) of Rape registered against him.
The Division Bench hearing the Case comprised of Justices Atul Chandurkar and Govinda Sanap.
The FIR was registered against the man by his former fiancée. It was complained that the man had established physical contact with her by promising of marrying her soon.
The man and his fiancée were at a resort where he promised the girl of marrying her soon and forced himself on her. He performed the same act in the morning as well without her consent. Later, he avoided the girl by giving the reason of having compatibility issues with her. The girl filed a complaint of Rape against him. Subsequently, the man approached the High Court seeking to Quash the FIR registered against him.
The Division Bench stated, “Facts stated in the FIR and the Petitioner’s conduct clearly show that his intentions were sinister. He established sexual intercourse against the survivor’s will by obtaining her consent under a promise to marry. Such a consent cannot be said to be free consent. The consent given under the misconception of fact is not a free one.”
The Bench observed that the Case was not only of cheating but also was concerned with the serious offence of Rape. The Judges stated, “It can be gathered on the basis of material that the Accused had hidden the intention of not marrying the girl once his sexual lust got satisfied.”
The Judges opined after observing the facts of the Case that it was not right to Quash the FIR as the intention of the Accused could be understood after looking into all the facts.