Body relationship does not mean marriage: Court

Grant of anticipatory bail in rape case

MUMBAI: While granting anticipatory bail to three accused in a complaint alleging that they were raped by making a false promise of marriage, the court observed that if two persons had sexual intercourse, they were not obliged to marry.

Additional Sessions Judge P.M. Gupta noted that who to marry is a matter of choice and no one can be pressured. No one can force her to get married because she has a physical relationship between two people. The plaintiff claimed to have married the accused couple in January 2021. While accused number two is father-in-law and accused is three family friends.

The plaintiff alleged that she had been with her in-laws for two months after the marriage and that she had been cruel to meet the illegal demands. An FIR was registered in this regard. A month later, the accused issued another statement claiming that her husband had never married her and that he had broken his promise. Taking this promise, she had a physical relationship with him.

The accused had applied to the court for anticipatory bail for fear of arrest on the charges. The plaintiff lived with the accused from April 2019 till the FIR was registered and even after that. The court noted that for some reason he broke up and consensually had a body relationship.

The court noted that custody of the accused is not required considering the seriousness of the charge, the reputation of the accused in the society and the sentence imposed for the crime. He is therefore granted anticipatory bail, the court noted.