After 25 years, the Bombay High Court acquits a man for refusing to marry after years of sexual engagement

A Palghar man was cleared of cheating charges after a lady claimed he had a sexual connection with her under the guise of marrying her. “Evidence to prove that the woman had consented to physical relationship on a misconception of fact...the mere refusal to marry would not constitute an offense under Section 417 of the IPC", the Bombay High Court acquitted the individual, stating that there was no evidence against him.

In 1996, the lady filed a complaint saying that the accused had a sexual connection with her under the guise of marriage. The woman said in the FIR that he refused to marry her after that. The accused was charged with rape and cheating under sections 376 and 417 of the Indian Penal Code, based on the woman's FIR.

Throughout the trial, the accused vehemently rejected all of the charges leveled against him.

After three years of preliminary proceedings, the extra meetings judge in Palghar found the accused guilty of acts punishable under Section 417 of the Indian Penal Code. He was subsequently sentenced to a year in prison and made to pay a fine of Rs 5,000.

The arraignment had inspected eight observers, including the lady, during the preliminary. She told the judge that she knew the defendant. She claimed to have had a three-year sexual connection with the defendant. Her sister even testified in court that the two were having an affair.

The evidence on record suggested that the sexual contact between the two was consensual, according to Justice Anuja Prabhudessai of the Bombay High Court, who was reviewing the accused's appeal.

Justice Prabhudesai said, "The accused has been held guilty of an offence under Section 417 of the IPC solely for the reason that he refused to marry the prosecutrix. The question is whether in such circumstances refusal to marry constitutes an offence of cheating,"

The police had registered a case of rape and cheating under sections 376 and 417 after receiving a complaint from Kashinath Gharat, a Palghar resident.

Kashinath's girlfriend claimed that he had a sexual relationship with her after pledging marriage and then breaking the commitment. Kashinath was acquitted of rape but found guilty of cheating by the Additional Sessions Judge on February 19, 1999.

Kashinath had been sentenced to one year in jail for having a three-year relationship based on the promise of marriage and then breaking it.

Gharat appealed the verdict to the Bombay High Court, where he was cleared of the fraud accusation by a single bench led by Justice Anuja Prabhudesai. The facts demonstrate that the woman and the accused had physical contact for three years and that they both had an affair, according to Justice Prabhudesai.

According to the court, the woman's statement does not establish that she was deceived in any way.

During the case's hearing, the High Court also cited Supreme Court rulings in similar situations.

According to the court, it must be proven that false facts were presented to the lady when she was promised marriage and that that information was later proven to be incorrect.