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Bombay HC: A Boy cannot Interpret a Girl’s Friendship as Consent for a Sexual Relationship

2 min read

Shivani Thakur

Published on: June 28, 2022 at 17:50 IST

Justice Bharati Danger of Bombay High Court  rejecting a pre-arrest bail plea filed by a man apprehending his arrest in an FIR, said that , “Merely sharing friendly relationship with a girl do(es) not permit a boy to take her for granted and construe it as her consent to establish physical relationship.”

She said that in 2019, when she and a friend went to a third friend’s house, the guy “committed coercive sexual intercourse with her,” and when she objected, he allegedly declared he liked her and was “going to marry her.”

When marriage was assured, the actions were repeated. She said she conceived while six weeks pregnant, but he refused to accept responsibility and accused her of being unfaithful. According to the HC judgement, he allegedly turned down her repeated requests to get married.

The HC said her version is that she permitted sexual relationship on a promise of marriage.

Justice Dangre said, “when a man and woman are working together, it is quite possible that proximity may develop between them, being either mentally compatible or confiding 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.”

It noted, “ 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.”

In dismissing his Appeal, the HC stated that this charge “clearly demands a comprehensive inquiry to determine her version that she was coerced to assent.”