Possibility Of 'No Strings Attached' Relationship Cannot Be Ruled Out: P&H High Court Grants Bail To Man Accused Of Rape On Pretext Of Marriage

The Punjab & Haryana High Court granted bail to a man accused of committing rape on pretext of false promise of marriage considering that the prosecutrix and the accused were in a long standing cordial relationship and the possibility of the relationship being "no strings attached" cannot be entirely ruled out.

Perusing the transcript of the conversation between the accused and the prosecutrix, Justice Vinod S. Bhardwaj noted, "there was a long standing cordial relationship between the prosecutrix and the petitioner and the possibility of the relationship being without any commitment and with no strings attached cannot be entirely ruled out."

The Court also noted from the transcripted conversation that the complainant has expressed her obsession about the accused and "has threatened that she would not allow him to marry anybody else till such time she herself gets married to anybody else and settle in her life."

It further pointed out from the transcript that "the prosecutrix-complainant was aware of the petitioner being in relationship with another girl for the last more than 12 years and had contemplating entering into an matrimonial relationship with the said girl. She infact threatened to expose the petitioner to the said girl as well."

These observations were made while hearing the bail plea filed by the accused under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

According to the complaint, the prosecutrix and the accused was a senior working in the same company. 

It was alleged that the petitioner convinced her that he shall marry her and thereafter they courted each other for a period of nearly 2-3 months where on several occasion performed physical inter-course.

The complainant also stated that she became pregnant and when asked the accused to marry her, he refused. Allegedly due to stress the complainant suffered miscarriage.

After hearing the submissions, the Court noted from the transcript of WhatsApp chat between the accused and the prosecutrix that, "the allegations as levelled by the complainant may prima facie give strength and force to the suggestion of the petition that there was an element of free volition and no commitment."

The Court pointed out that, "Even if the allegation of the complainant getting pregnant as a result of relationship with the petitioner is prima facie accepted, it is not disputed that there was no role of the petitioner in termination of the foetus. Be that as it may, the pregnancy may at best be a proof of physical intimacy between the parties, which such fact is also not disputed or denied by the petitioner herein."

Justice Bhardwaj highlighted that, the criminality in the instant case is not due to physical intimacy but as to whether such sexual relationship was sought on the deceitful premise of getting marriage or not. Hence, the ingredient of the offence required to be established must precede the relationship between the parties.

Adding that the contemporaneous evidence does lean to some extent in favour of the petitioner, the Court noted that "the investigation in the present case is already complete and the charge-sheet has been filed."

Observing that the case is fixed for framing of charge and it would take long time before it is finally concluded, the Court allowed the bail plea.

Gaurav Nautiyal, Harlove Singh, Gursher Singh Dhillon Advocates for the petitioner.

Rahul Dev, Addl. AG Haryana.

Title: MXXXXX v. XXXXXX