The Supreme Court has dismissed criminal proceedings against a man accused of rape based on a false promise of marriage. The court ruled that the case originated from a consensual relationship between two adults that soured over time. Justices K.V. Viswanathan and Manmohan allowed the appeal of Shaileshbhai Govindbhai Makwana and overturned the Bombay High Court’s decision not to dismiss the case in a Maharashtra trial court.
The case stemmed from a complaint filed in February 2021 under Sections 376(2)(n), 377, and 506 of the IPC. The complainant alleged that the accused had sexually assaulted her multiple times under the false pretense of marriage. Upon review, the Supreme Court found that both individuals were previously married and were aware of each other’s marital status when they began their relationship.
The court noted that the parties were cognizant of their prior marriages and even observed that the complainant had sought a second marriage through a matrimonial profile before finalizing her divorce. The relationship between the two individuals lasted over four years, during which they traveled together and engaged in a physical relationship without any coercion complaints.
Highlighting the delay in filing the complaint, the Supreme Court emphasized that no accusations of forced sexual intercourse were made for almost four years after the initial incident in October 2017. The court rejected the argument that the relationship was built on a false promise of marriage, stating that there was no evidence of deception from the beginning.
In its ruling, the Supreme Court reiterated that not every breach of a promise to marry constitutes rape and emphasized the necessity of a clear connection between the promise and the physical relationship. The court concluded that continuing the prosecution would be unjustified and quashed the criminal case in Tuljapur.
