While clearly drawing the red lines most distinguishably for boys in cases of establishing physical relations with a girl, the Bombay High Court in an extremely commendable, cogent, courageous and composed judgment titled Ashish Ashok Chakor vs State of Maharashtra in Anticipatory Bail Application No. 1676 of 2022 as recently as on June 24, 2022 in exercise of its criminal appellate jurisdiction minced just no words to hold that a girl merely being friendly with a boy doesn’t allow him to misconstrue it as her consent to establish a sexual relationship with her and rejected the anticipatory bail application of a man accused of impregnating a woman under the pretext of marriage. It must be mentioned here that the Single Judge Bench of Hon’ble Smt Justice Bharati Dangre rejected the pre-arrest bail that was filed by one Ashish Chakor who was accused of raping a woman under the pretext of marriage and booked him under Sections 376(2)(n), 376(2)(h) and 417 of the IPC. No doubt, this extremely laudable judgment by the Bombay High Court should serve as a very loud and strong message to all males that they cannot hide under the guise of friendly relations to develop physical relations with any female and if they dare to do so then they must be prepared to face the horrendous consequences by finding themselves landing in jail for a good number of precious years thus spoiling their whole life!
To start with, this recent, refreshing, robust, remarkable and rational judgment authored by a single Judge Bench of the Bombay High Court comprising of Hon’ble Smt Justice Bharati Dangre sets the ball rolling by first and foremost putting forth in para 1 that, “The applicant is apprehending his arrest in C.R.No.462 of 2022 lodged with M.H.B. Colony Police Station for the offences punishable under Sections 376(2)(n), 376(2)(h) and 417 of the IPC. The complainant is a girl aged 22 years, who was briefly acquainted with the present applicant. Somewhere in the year 2019, when she alongwith her friend had visited a residential premises of a third friend, the applicant is alleged to have committed forcible sexual intercourse with her. When she opposed, he expressed that he likes her and in any case, he is going to marry her. Thereafter, on multiple occasions, the act was repeated. The complainant herself has narrated the repeated incidents when they indulged into sex, on an assurance by the applicant that he is going to marry her. The complainant conceived and was found to be carrying six weeks’ pregnancy. She immediately contacted the applicant, but he refused to take up any responsibility and on the other hand, attributed her a bad character and alleged that she is in relationship with some other person. Repeatedly she kept requesting the applicant to marry her, but he refused.”
On the face of it, this prima facie reflects that the men himself is at fault and he had no business to indulge in physical relationship with her. Not just this, he even promised to marry her but later retracted. This clearly demonstrates that he is culpable and cannot be exonerated for what he has done so very wrongly!
Truth be told, the Bench then mentions in para 2 that, “Upon such a complaint, referring to the incidents occurring between 17/05/2019 to 27/04/2022, the complaint has been lodged. As far as the last incident is concerned, even on 27/04/2022, the complainant states that he had forcibly committed sexual intercourse with her.”
To be sure, the Bench then brings out in para 3 that, “Reading of the complaint would reveal that the girl, who is major, developed a liking for the applicant, but her version as far as the sexual relationship is concerned, is that she permitted it, since the applicant gave a promise of marriage. The sexual relationship was established on multiple occasions on the promise of marriage. However, when the girl conceived, the applicant attributed infidelity, but once again committed forcible sexual intercourse with her on the last date as mentioned in the complaint.”
Finally and far most significantly, the Bench then minces just no words to hold so very rightly in the last para 4 that, “Merely sharing friendly relationship with a girl do not permit a boy to take her for granted and construe it as her consent to establish physical relationship. In today’s society when a man and woman are working together, it is quite possible that proximity may develop between them, being either mentally compatible or confiding in each other as friends, ignoring the gender, since friendship is not gender based. However, this friendship with the person of fairer sex, does not confer a licence upon a man to force himself upon her, when she specifically refuse copulation. Every woman expects ‘Respect’ in a relationship, be it in the nature of friendship based on mutual affection. Here is the applicant, who is accused of maintaining sexual relationship on the pretext of marriage, but when the complainant conceived, he walked out alleging that pregnancy carried by her is on account of her relationship with other persons. The accusations faced by the applicant definitely require a thorough investigation to ascertain the version of the prosecutrix that she was forced to give her consent for sex. The application is rejected.”
In conclusion, the Single Judge Bench of the Bombay High Court comprising of Hon’ble Smt Justice Bharati Dangre has been forthright enough to hold that this friendship with the person of fairer sex, does not confer a licence upon a man to force himself upon her, when she specifically refuse copulation. It is also very rightly held that every woman expects ‘Respect’ in a relationship, be it in the nature of friendship based on mutual affection. We thus see that the anticipatory bail application of the men is thus rightly rejected as he took undue advantage of friendly relations to establish physical relations and gave false assurances of marriage which cannot be condoned. So it merits no reiteration that he had to face the consequences and the same was accordingly ensured by the Bombay High Court in this leading case so very rightly! No denying it!