The police had registered a case of rape and cheating under sections 376 and 417 of the IPC. On 19 February 1999, the Additional Sessions Court acquitted the lover from the charge of rape. But the charge of fraud against him persisted. The Mumbai High Court also acquitted Kashinath of the charge of cheating.
Refusal to marry after maintaining physical relations for a long time with mutual consent cannot be called cheating. The Bombay High Court has given this decision. According to a decision of the lower court in this regard, a young man was considered guilty. The Bombay High Court has reversed that decision and held the lover innocent.
In this case, the girlfriend had filed a petition against her lover. The girlfriend had alleged that her boyfriend had physical relations with her on the pretext of marriage. The lover, who maintained a physical relationship for a long time, is now refusing to marry.
Police registered a case of rape
Earlier, the police treated the lover strictly. After the complaint of the girlfriend, the police had registered a case against the lover living in Palghar under sections 376 and 417 of the IPC. A case of rape and cheating was registered against him under these sections. On 19 February 1999, the judge of the Additional Sessions Court acquitted the lover from the charge of rape. But the charge of fraud against him persisted.
lower court convicted
The name of the lover associated with this case is Kashinath Gharat. Kashinath assured the girlfriend of marriage for three years and maintained physical relations. Later he retracted from the matter of marriage. After the registration of the case in this case, during the hearing, Kashinath was convicted and sentenced to one year imprisonment. Kashinath challenged this decision in the Mumbai High Court. The matter was heard before a single division bench of Justice Anuja Prabhudesai.
Bombay High Court rejected the argument of having a relationship on the pretext of marriage
The Bombay High Court also acquitted Kashinath of the charge of cheating. After all the evidence, statements of witnesses and long arguments, the court came to the conclusion that there was a physical relationship between Kashinath and the woman concerned for the last three years. But the court also clarified that the woman’s arguments do not make it clear that she was given any pretext for having a physical relationship. That is, physical relations were made only by mutual consent,
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