2 weeks ago
Calcutta High Court Upholds Acquittal in Caste-Related Marriage Case
A woman said a man promised to marry her and then had a physical relationship with her.
She later said he avoided marriage because his family objected to her caste.
A trial court acquitted the man of rape and cheating charges in 2023.
The woman challenged that decision in the Calcutta High Court.
The High Court agreed with the acquittal.
It said the evidence did not prove that the man had lied about marrying her from the beginning.
The court also said the relationship appeared to have been consensual and that she had voluntarily gone with him to try to marry.
It explained that breaking a real promise to marry is not automatically the same as making a false promise to obtain consent.
The Calcutta High Court upheld a 2023 trial court order acquitting a man of rape and cheating charges.
The court said the prosecution did not prove that he never intended to marry the woman or used a false promise to obtain her consent.
It observed that the man’s family appeared to have opposed the marriage because the woman belonged to a different caste.
The court held that the physical relationship was consensual and that the woman had left home voluntarily to marry the accused.
Justice Arijit Banerjee said a genuine marriage promise that is later unfulfilled is different from a false promise made in bad faith from the outset.
- Who
- A woman challenged the acquittal of a man accused of rape and cheating; Justice Arijit Banerjee decided the plea.
- What
- The Calcutta High Court upheld the man’s acquittal, finding that a false promise of marriage and non-consensual sexual activity were not proved.
- Where
- The case was heard by the Calcutta High Court; the woman and accused had also planned to travel to Ambala to marry.
- When
- The trial court acquitted the man on July 5, 2023; the High Court order was issued on August 6.
- Why
- The court said the prosecution did not prove that the man never intended to marry her and had used the promise solely for sexual exploitation.
Woman’s Allegations
Accused’s and Court’s Position
Promise of marriage
Woman’s Allegations
The woman said the accused repeatedly promised to marry her and that she entered into a physical relationship relying on that promise.
Accused’s and Court’s Position
The court held that the evidence did not establish that he had made the promise dishonestly from the beginning or that he never intended to marry her.
Nature of consent
Woman’s Allegations
The woman alleged that her consent was obtained through the accused’s promise of marriage.
Accused’s and Court’s Position
The state argued, and the High Court concluded, that the relationship was consensual and that the prosecution had not proved consent was obtained through deception.
Reason marriage failed
Woman’s Allegations
The woman alleged that the accused’s family refused the marriage because she belonged to a different caste.
Accused’s and Court’s Position
The court accepted that the family appeared to have obstructed the marriage, but said this did not by itself prove that the original promise was false.
Key facts
- Trial court decision
- The sessions court acquitted the accused of charges under IPC sections 376 and 417 on July 5, 2023.
- High Court decision
- The Calcutta High Court upheld the acquittal in an order issued on August 6.
- Relationship timeline
- The woman said she entered into a physical relationship with the accused in 2011 after turning 19.
- FIR
- She lodged an FIR in 2013 after efforts by a village panchayat to resolve the dispute failed.
- Family objection
- The court said the accused’s family appeared to oppose the marriage because the woman belonged to a different caste.
- Planned marriage
- The woman and accused reportedly went to an old bus stand intending to travel to Ambala for a court marriage, but police apprehended them.
Sources
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