Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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  • In Ashish Ashok Chakor v. State of Maharashtra, the Bombay High Court held that a girl being friendly with a boy should not be construed as consent for a physical relationship.
  • The Court observed this while rejecting the anticipatory bail application filed by a man accused of impregnating the accused by making a false promise to marry.
  • As per the complaint, a 22 year old young woman developed a liking for the accused and agreed to enter into a sexual relationship with him on a promise of marriage.
  • The complaint further alleged that sexual relationship was established multiple times before the girl got pregnant. 
  • When the accused got to know about the pregnancy, he made allegations of infidelity against the victim and had forceful sexual intercourse with her.
  • The Court observed that having a friendly relationship with a woman does not permit a man to impregnate her and take her for granted later.
  • The Court further observed that in today's times when men and women work together, merely being friendly does not grant a license to a man to have a physical relationship with her.
  • The Hon'ble Court held that the consent of the victim to enter into a physical relationship with the accused was tainted and not free or voluntary.
  • Accordingly, the Court dismissed the anticipatory bail application.
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