Married women can't allege rape on "pretext of marriage": HC

Gogona Saikia


Married women can

18 Jun 2018: Married women can't allege rape on "pretext of marriage": HC

A married woman cannot accuse someone of rape "on the pretext of marriage," the Bombay HC has ruled.

The verdict came while it was hearing a case of alleged rape. A 26-year-old mother of one had accused a 30-year-old man of inducing her to have physical relations with him by promising marriage.

But the court observed these allegations were "falsified" by her marital status.

Case: When they met, he was married, she was living separately

In 2013, the woman had lodged a rape case against Sahin Potude. According to her complaint, she had a child with her husband, but they were living separately when she met Potude.

He was a colleague and was also married, but soon, the two started having an affair.

When Potude's wife found out, she confronted the complainant.

Ruling: She wasn't expected be physically involved with someone else: HC

After her lover's wife confronted her, she lodged a rape case against Potude, claiming he had induced her for physical relations.

Potude took the case to the HC after police filed a chargesheet in March'14, seeking quashing of criminal proceedings.

The HC struck down the proceedings, noting "it wasn't expected of her to be in physical relationship with a person other than the husband."