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Synopsis

The Bombay High Court has recently observed that a married woman cannot claim that she was raped on pretext of marriage.

"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 order reads

A single judge bench of the high court comprising Justice Manish PItale was hearing a anticipatory bail plea filed by a man who was accused for raping a woman on pretext of marriage. 

The man had challenged the order of Sessions Court rejecting is pre arrest bail application. 

The victim in her statement, submitted that she developed friendly relations with the applicant and thereafter the applicant told her that he would marry her. 

The applicant allegedly took the informant to a lodge and had forcible sexual intercourse with her. It was alleged that the applicant threatened the informant that he would circulate her videos. 

The man contended that the applicant and victim were married individuals and therefore, there was no question of any false promise of marriage for indulging in sexual intercourse with the informant.

The bench agreed with the contention of the applicant and granted pre arrest bail to the man.

The bench also noted that there was nothing brought on record to show that the man had circulated victim's videos.