A man convicted of rape by establishing sexual relations with a woman on the pretext of marriage moved the Calcutta High Court challenging the judgment of the lower court. The court allowed the appeal filed by the man and set aside the rape conviction as the promise of marriage made by the man wasn't proved to be false considering the couple's marriage was thwarted by the man's father since he did not approve of it.
The court opined that it could not be proved that the man had no intentions to marry the woman at the first instance of the intercourse. It is only the father of the man who had later refused to accept the woman as his daughter-in-law and therefore, the marriage never could formalize. Furthermore, the woman voluntarily had sex with the man on repeated occasions which clearly proves that it is not a case where the consent was absent.
The Calcutta High Court set aside the rape conviction while hearing an appeal challenging a judgment passed by the lower court in 2008. The woman had filed a case alleging rape against the man after their marriage could not take place. She had alleged that the couple was in love affair for a year and a half and they cohabited regularly during this period. She got pregnant and even gave birth to their child however, on being rejected for marriage, she moved the court against the man alleging rape.
Granting the man, benefit of doubt, the court set aside the rape conviction and grieved over the fact that he had already undergone his sentence. Further, the woman has been ordered to return Rs. 30,000 with 6% per annum interest from the date of conviction till the date of actual repayment.
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