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Friendly Relationships With A Woman Does Not Imply Her Consent For Establishing Intimate Relations

Yashvardhan Gullapalli ,
  02 July 2022       Share Bookmark

Court :
High Court of Judicature at Bombay
Brief :

Citation :
Anticipatory Bail Application No. 1676 of 2022

Case title:
Ashish Ashok Chakor Vs. The State of Maharashtra

Date of Order:
24/06/2022

Bench:
Justice Bharati Dangre

Parties:
Ashish Ashok Chakor – Petitioner
The State of Maharashtra – Respondent

Subject

It was held by the Bombay High Court that a friendly relationship with a girl does not insinuate her consent for establishing intimate relations with her. This was held in a petition by a man accused of raping a girl after making a promise of marriage, seeking anticipatory bail.

Facts

  • This application was filed by the applicant seeking an anticipatory bail due to apprehension of arrest over a complaint lodged in M.H.B. Colony Police Station charging him under sections 376(2)(n), 376(2)(h), and 417 of the IPC.
  • In 2019, the complainant was visiting the house of a friend where the petitioner forced himself upon her. When she resisted, he said that he likes her and promised to marry her, and the act was repeated.
  • After learning that the complainant was 6 weeks pregnant, the petitioner attributed it to her unfaithfulness and accused her of having an intimate relationship with another man.

Judgment

  • It was stated by the court that a mere friendly relationship with a girl does not convey her consent for further physical intimacy.
  • There might be a degree of proximity induced by mutual confidence in each other irrespective of their gender.
  • Mutual affection is a prerequisite to a friendship along with dignity and understanding, but the applicant, in this case, has violated all of them in order to establish sexual relationships with the complainant.

Conclusion

It was ruled that the charges against the petitioner were serious and deserved a thorough investigation, thus his application for anticipatory bail was rejected.

Learn the practical aspects of CrPC HERE, CPC HERE, IPC HERE, Evidence Act HERE, Family Laws HERE, DV Act HERE

Click here to download the original copy of the judgement

 
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