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Friendly Relations Not Consent To Establish Physical Relations: Bombay High Court

Sharmeen Hakim
28 Jun 2022 12:14 PM GMT
Delay In Filling Vacancies: Maharashtra Human Rights Commission Has Become A Defunct Body- Bombay High Court

The Bombay High Court recently observed that a girl merely being friendly with a boy doesn't allow him to misconstrue it as her consent to establish a sexual relationship with her and rejected the anticipatory bail application of a man accused of impregnating a woman under the pretext of marriage.

Justice Bharati Dangre rejected the pre-arrest bail plea filed by one Ashish Chakor accused of raping a woman under the pretext of marriage and booked under sections Sections 376(2)(n), 376(2)(h) and 417 of the IPC.

According to the complaint by the 22-year-old woman, she developed a liking for the Choker, but her version as far as the sexual relationship is concerned, is that she permitted it, since he promised to marry her.

Sexual relationship was established on multiple occasions on the promise of marriage. However, when the girl conceived, the man attributed it to infidelity, but once again allegedly had forceful sexual intercourse with her.

"Merely sharing friendly relationship with a girl do not permit a boy to take her for granted and construe it as her consent to establish physical relationship," Justice Dangre observed.

She added that in today's society with men and women working together, they may become close, owing to their mental compatibility, confiding in each other as friends. They may ignore the gender, since friendship is not gender based, she noted.

"However, this friendship with the person of fairer sex, does not confer a licence upon a man to force himself upon her, when she specifically refuses copulation. Every woman expects 'Respect' in a relationship, be it in the nature of friendship or based on mutual affection."

Chakor sought protection from arrest arguing that the woman had consented to the physical relationship. However, the judge refused saying that his custodial interrogation is required to ascertain the veracity of the complainant's contentions.

Case Title: Ashish Ashok Chakor v. State of Maharashtra

Citation: 2022 LiveLaw (Bom) 236

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