Sexual intercourse in the pretext of marriage Bombay HC

Sexual intercourse in the pretext of marriage Bombay HC

A writ was filled by a accused named Vishal Singh in the Bombay High Court asking to quashing of charges under section 376 and 420 of the Indian Penal Code against him. Allegations were made against the accused that he had sexual intercourse with the complainant on the promise to marry her in the future, but according to the accused he said that there was no mention of the allegation of sexual assault while lodging of FIR against him it was only later that on April 8th 2013 a supplementary statement was recorded by the complainant in which she made allegations of sexually exploitation her and also extracting huge amount of money from her.

The petitioner’s advocate Sh. Samarth Karmarkar stated that the documents collected during the course of investigation were not sufficient to sustain allegations of sexual assault against the petitioner, however the representative of state Mr. NB Patil agreed otherwise ans submitted that overwhelming evidence have been collected by the IO during the course of investigation.

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Bombay High Court referred to the judgement of the Hon’ble Supreme Court Of Indian the case of Anurag Soni v State of Chhatisgarh where it was held that ” in a prosecution for rape under clauses (a) , (b), (c), (d), (e) or (g) of sub section(2) of the section 376 of IPC,1860, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the women alleged to have been raped and she states before the court in her evidence that she had not consented for the same, the court shall presume that she did not consent” and thus the Bombay High Court refused to quash the proceedings of sexual assault and concluded that the only way to find out whether charges against him are true or false is through a fair trial process where all the procedure is followed, witnesses are examined and proper investigation is done.

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