The Bombay High Court on Thursday observed that a married woman cannot claim that she fell victim to a false promise of marriage by a man and consented to sexual intercourse on that ground [Vishal Nagnath Shinde v.State of Maharashtra].
Single-judge Justice Manish Pitale made the observation while granting anticipatory bail to a man arrested by the Pune police in a rape case.
"In the first place, the informant herself being a married woman, cannot claim that she fell prey to the false promise of marriage given by the applicant. Being a married woman, she was clearly aware that she would not be able to marry the applicant. In any case, even the applicant is a married man and therefore, the theory of false promise of marriage prima facie appears to be misplaced," the Court said.
The Court was hearing the anticipatory bail plea filed by one Vishal Nagnath Shinde booked for rape and criminal intimidation under the Indian Penal Code.
The complainant, a married woman, alleged that the Shinde, who is also married, had cultivated a friendship with her and promised to marry her, after which he allegedly forced himself upon her in a lodge.
Following the incident, she claimed that he threatened to circulate videos of the assault.
Shinde's counsel argued that he had cooperated with the investigation.
He also raised concerns about the credibility of the woman's claims, particularly given their marital status.
The Court was informed that he had complied with interim relief conditions, was attending the police station regularly and had also surrendered his mobile phone for examination.
While the State's counsel contended that he had not fully cooperated, the Court found no evidence indicating that he had circulated any videos of the woman.
Consequently, the Bombay High Court granted anticipatory bail to him subject to specific conditions.
“There is nothing to indicate that the applicant till date has circulated any videos of the informant and therefore, sufficient grounds are made out for allowing the present application,” the order noted.
Advocates Nagesh Somanath Khedkar and Shubham Sane appeared for Shinde.
Additional Public Prosecutor Balraj B Kulkarni represented the State.
[Read Order]