Nagpur: Agreement for sexual relations provided under the misunderstanding of the facts cannot be considered as free, the Nagpur bench from the Bombay High Court (HC) ruled while refusing a man’s complaint for pulling out his shot.
Violations were submitted against men with complaints submitted by his ex-fiance, after being abandoned by him.
He demanded that Bhandara Man from building physical contact with him at a forest resort in Garb married him soon.
“The facts stated in the Petitioner FIR and the behavior of the Petitioner clearly showed that the intention was the Sinister.
He founded sexual relations against the will of survivors by obtaining his approval under the promise to get married.
Such approval cannot be said to be free.
Agreement given by misunderstanding The facts are not free, “the division bench consisting of Judge Atul Chandurkar and Govinda Sanap was held.
Observing that the Petitioner’s coation is not a simple cheating case, the bench said it was coupled with serious violations of rape.
“It can be collected based on the material accused of hiding his intention not to marry the girl so sexual lust is satisfied,” said the judges.
Allegations accused of violations in these cases must be collected from the totality of the facts, their behavior and other material in the notes, benches added.
“Seeing the facts of the case from any angle, it shows that this is not a fit case to tap fir,” he said.
After boys and girls were involved on February 22, 2021, their marriage was repaired at Gadchiroli in April.
However, it was first postponed because of a pandemic and then because the girl signed Coronavirus.
The boy arranged a party at Karhandla resort in June, where he forced it in a drunk condition and with the pretext that they would immediately tie the wedding knot.
He returned to take action in the morning with his agreement.
After the incident, the applicant began to avoid respondents, quoting compatibility issues.
Furthermore, the survivors of Gadchiroli filed a complaint of rape against the applicant.
He knocked on the HC door to cancel it, argued that his accusation was reckless.
Questioning his extension, the judge said they showed that his mind changes not to get married occurred after building sexual contact safely.
“If there really is a compatibility problem, he will not consciously decide to marry this.
This behavior is coupled with relevant facts showing that he establishes sexual relations safely in a false promise to get married.
After that, he changed his mind and began Avoid it.
In our view, all of these facts do not overload the accusations accused.
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Approve sex under misunderstanding not free facts: HC
