Bombay High Court : Refusing to marry after physical relation is not a cheating

Bombay High Court: If someone refuses to marry after being in physical relation for a long time, then it cannot be considered as cheating. Bombay High Court Has made this remark while reversing the decision of the trial court to convict a youth.

In this case, the girlfriend has accused her lover of making a physical relation with her by promising marriage and later reneging on the promise. The police had registered a case of rape and cheating under sections 376 and 417 against the youth living in Palghar. In this case, on February 19, 1999, the Additional Sessions Judge had acquitted Kashinath on the charge of rape but found him guilty of cheating.

The trial court had sentenced Kashinath Gharat, a resident of Palghar, to one year’s rigorous imprisonment for reneging on having a relationship with his girlfriend after promising to marry him for three years. Kashinath Gharat challenged this order in the Bombay High Court.

While hearing this case, now the Single Bench of Justice Anuja Prabhudesai has also acquitted him from the charge of cheating. The court said that after considering all the facts, it is found that the woman and the accused had a relationship for three years and were also in a physical relationship.

The court said that the statement of the woman does not prove that she was kept under any kind of deception. The court said that after knowing the whole matter, there is no such evidence to show that the accused did not want to marry the woman. The court said that it is also not clear that the accused had a relationship with the woman by giving wrong information to her.

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In such a situation, she cannot be held guilty of cheating for refusing to marry after a long relationship. The Bombay High Court also referred to the decisions of the Supreme Court during its decision. The court said that in such cases it should be proved that the young man promised marriage by placing false facts in front of the woman and later all those things were proved wrong.