NAGPUR: Nearby four years after a man was charged with rape by his former girlfriend, the Nagpur bench of Bombay high court quashed the FIR after both parties filed a joint affidavit stating it was a case of “misunderstanding”.
Both the complainant woman and the man contended that they were living happily with their respective spouses and did not want to pursue the case further. The complainant woman is planning to settle abroad while the man has a child from his wife, the affidavit stated.
The police complaint was lodged in December 2019 when the duo was in a relationship. The man had approached the high court soon after the FIR. The woman informed the judges that her husband was not aware of the complaint and if the proceedings continue, it may disturb her matrimonial life. Observing that prime facie it appears to be a consensual relationship, the court said independent examination reveals there was “physical relationship between the well-educated couple”. “There is no material to arrive at the conclusion that under pretext of marriage, the informant was compelled to give her consent,” a division bench comprising justices Vinay Joshi and Valmiki Menezes said.
The judges said since the woman is not willing to go on with the prosecution, there are bright chances of her not supporting its case. “In view of above peculiar facts, continuation of prosecution would be an exercise in futility. No prima facie material exists to continue the prosecution,” they said before quashing the FIR. Complainant and accused first came in contact while working at a hotel in 2018 and entered a relationship. The FIR stated that on December 25, 2018, the accused came to the woman’s home on her birthday, expressed intention to marry her and allegedly had a forcible intercourse with her. A year later, the woman came to know that the accused was engaged to another woman.
When she questioned him, he allegedly abused her and also threatened her leading to the FIR. “The lawyers submitted printouts of various Facebook messages between them. It is evident that out of love and passion, intimacy developed which resulted into maintaining sexual relations. Some messages were pointed out to show that the complainant was keen on having sexual relations,” the judges said. Adding that the Facebook messages reveal that both were young, educated and enjoyed the physical relationship over a period of more than a year, the justices said, “Therefore, it creates serious doubt about the informant’s contention regarding forcible sexual relations.”
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Both the complainant woman and the man contended that they were living happily with their respective spouses and did not want to pursue the case further. The complainant woman is planning to settle abroad while the man has a child from his wife, the affidavit stated.
The police complaint was lodged in December 2019 when the duo was in a relationship. The man had approached the high court soon after the FIR. The woman informed the judges that her husband was not aware of the complaint and if the proceedings continue, it may disturb her matrimonial life. Observing that prime facie it appears to be a consensual relationship, the court said independent examination reveals there was “physical relationship between the well-educated couple”. “There is no material to arrive at the conclusion that under pretext of marriage, the informant was compelled to give her consent,” a division bench comprising justices Vinay Joshi and Valmiki Menezes said.
The judges said since the woman is not willing to go on with the prosecution, there are bright chances of her not supporting its case. “In view of above peculiar facts, continuation of prosecution would be an exercise in futility. No prima facie material exists to continue the prosecution,” they said before quashing the FIR. Complainant and accused first came in contact while working at a hotel in 2018 and entered a relationship. The FIR stated that on December 25, 2018, the accused came to the woman’s home on her birthday, expressed intention to marry her and allegedly had a forcible intercourse with her. A year later, the woman came to know that the accused was engaged to another woman.
When she questioned him, he allegedly abused her and also threatened her leading to the FIR. “The lawyers submitted printouts of various Facebook messages between them. It is evident that out of love and passion, intimacy developed which resulted into maintaining sexual relations. Some messages were pointed out to show that the complainant was keen on having sexual relations,” the judges said. Adding that the Facebook messages reveal that both were young, educated and enjoyed the physical relationship over a period of more than a year, the justices said, “Therefore, it creates serious doubt about the informant’s contention regarding forcible sexual relations.”
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Man arrested on charge of rape
A 55-year-old man has been arrested in Kolhapur for sexually assaulting a woman with a learning disability. The incident happened around seven to eight months ago, but a case was registered on September 28. The accused has been remanded in five-day police custody. In other news, two maids involved in a theft case in Vasco have been remanded in three-day police custody, and a Congress MLA has accused police in Vijayapura of demanding bribes to register a theft complaint.
A 55-year-old man has been arrested in Kolhapur for sexually assaulting a woman with a learning disability. The incident happened around seven to eight months ago, but a case was registered on September 28. The accused has been remanded in five-day police custody. In other news, two maids involved in a theft case in Vasco have been remanded in three-day police custody, and a Congress MLA has accused police in Vijayapura of demanding bribes to register a theft complaint.
Affair consensual: HC quashes rape case against cop
The Bombay High Court has quashed a criminal case against a Mumbai police constable who was accused of rape and cheating by his colleague. The court determined that the sexual relationship between the two adults was consensual, and the allegations did not disclose the offenses of rape or cheating. Both individuals were married and had children, and the constable’s wife confronted them when she discovered the affair. The court concluded that the criminal proceedings against the constable were an abuse of the process of law.
The Bombay High Court has quashed a criminal case against a Mumbai police constable who was accused of rape and cheating by his colleague. The court determined that the sexual relationship between the two adults was consensual, and the allegations did not disclose the offenses of rape or cheating. Both individuals were married and had children, and the constable’s wife confronted them when she discovered the affair. The court concluded that the criminal proceedings against the constable were an abuse of the process of law.