The Rajasthan High court said that if there is a physical relationship between a young girl and during this time if the man promise to marry, but due to some reason he is not able to get married,then it should not be fraudulently motivated to have a physical relationship, can be considered. The court has said that there should be an intention to cheat from the beginning. But when everything is in agreement and the promise is not fulfilled due to some reason,then it can not be considered as cheating. Justice Farzand Ali made these remarks while quashing the FIR registered against the petitioner and others on charges of rape.
According to the matter, the petitioner had come to know complainant girl through her relatives in 2018. Which later turned into a love affair in the meantime, physical relations were also established between the two at different places with mutual consent. Later due to some reason,there was a rift between the two and the family members of the complainant girl were also not ready to marry the girl to the petitioner. The complainant girl had lodged a FIR against the petitioner for fraudulently having physical relations and later blackmailing her through video. The police presented the final report twice in the matter, but each time the police investigation continued under the pressure of the complainant girl. The petitioner had filed a petition in the High court for quashing of the first information report. The court had stayed the arrest of the petitioner and his family members.
The High Court said in its decision that it is not clear when the petitioner refused the marriage, but it appears that it may have happened in 2018. Even after this, the long silence of the complainant girl and not taking any action raises serious doubts, Not only this,even after this, the complainant girl was in a relationship with the petitioner for a long time and did not take any action and did not present any video. It is also established that the complainant girl's family was not willing to marry the petitioner. The court said that it has been unfortunate but routine cases that young girl fall in love and establish physical relations and later they break-up .In this case too,both of them fell in love and establish continued to have a physical relationship, but over time, their relationship deteriorated coercion is an essential element in the allegation of rape, but in this matter there is neither coercion nor did the petitioner establish a physical relationship by lying from the beginning in this matter,if an illiterate girl had refused to have a physical relationship with the promise of marriage,then it would have been considered rape, but here the complainant is educated and working as a jail guard.
