The Hon’ble Bombay HC recently dismissed a plea to quash criminal proceedings against a man accused of rape on allegations that he seduced the woman (complainant) on a false assurance to marry her (Mohammed Aamir Ansari v. State of Maharashtra & Ors).
The Bombay High Court comprising of Justice Sunil B Shukre and Justice Madhav J Jamdar recently dismissed a plea to quash criminal proceedings against a man accused of rape on allegations that he seduced the woman (complainant) on a false assurance to marry her. In this case, however, the High Court found that prima-facie; the applicant appeared to have had a malafide intention and clandestine motives in seducing the complainant into a physical relationship that she initially was unwilling to enter into. To decide on the plea, the High Court also relied on the Supreme Court’s judgment in Dr Dhruvaram J Sonar and Anr v. State of Maharashtra and Ors, wherein it was said, “The Court, in such cases, must very carefully examine whether the complainant had actually wanted to marry the victim or had mala fide motives and had made a false promise to this effect only to satisfy his lust, as the later falls within the ambit of cheating or deception.”
