Chaini Parwani
Published On: December 23, 2021 at 16:35 IST
The Bombay High Court directed that refusal to marriage after having physical relations with the woman on mutual terms, does not amount to Cheating.
The High Court pronounced the Judgment after it overruled a Lower Court Verdict convicting the man of cheating in connection with a First Information Report (FIR) submitted by a Woman.
The FIR claimed that the Accused had a sexual relationship with her on the pretext of Marriage but eventually denied Marriage.
The Bombay High Court observed that the woman had a love affair with the man for about 3 years, as confirmed by the sister of the Prosecutrix and that the evidence indicates the physical relationship being on mutual consent.
Furthermore, the Bombay High Court stated that, “There is no evidence on record to indicate that since the inception, accused did not intend to marry her. In the absence of evidence to prove that the Prosecutrix had consented for physical relationship on a misconception of fact, as stipulated under Section 90 of Indian Penal Code, the mere refusal to marry would not constitute an offence under Section 417 of the Indian Penal Code.”
Previously, the Lower Court had charged the Accused under sections 376 and 417 for Rape and Cheating based on the Victim’s Complaint.