A sessions court recently acquitted a 36-year-old man, who was booked for cheating and raping a woman under the false promise of marriage in 2010. The court also held that sending personal and sexually explicit messages to a woman one is about to marry does not amount to ‘insulting her modesty.’
According to a Times of India report, the court said, “If at all, those (messages) are not liked by the other side, it has the discretion with it to convey its displeasure to the other side, and the other side generally avoids a repeat of such a mistake.” The court further added the purpose of such messages in the premarital phase is to put forth the sexual expectation that an individual has from the relationship and in most cases, such expectation is generally met with enthusiasm, especially when two individuals are betrothed.
The case that the court was hearing was a 2010 FIR filed by a woman who had accused the 36-year-old man, whom she had met through a matrimonial site in 2007, of raping and cheating on her, after making false promises of marriage.
A media report claims that the man had, despite his mother’s wishes agreed to marry the woman and had even turned up for the wedding at Arya Samaj Hall. However, a quarrel ensued on the venue, which escalated and eventually he backed out of marriage. The court, therefore, said that ‘it is certainly not the case of a false promise of marriage.’
The court also observed that the woman engaged in a sexual relationship with the man before the marriage of her own free will. Therefore, the court noted, ” Even after respecting emotions of the informant (woman), respecting her fight for justice for 11 years or more, this court is of the humble opinion that this is not a case which would show that the offence of rape has been committed,” the court said.
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