In a landmark judgement, the Bombay High court has rejected a woman’s plea. Concluding that a physical relationship established in a deep love relationship cannot be considered as rape, the bench said that they cannot punish a person based on a woman’s false statement.
This judgement was passed when the bench was hearing a case about a man who was declared guilty of raping a woman and was fined Rs.10,000 and sentenced to seven years in prison by the trial court.
The plaintiff had knocked the doors of the High court against the judgement of the trial court which declared him guilty. The woman in question had said that she was raped by the accused with a promise of marriage and under the impression that he loved her.
The woman said that the man, Yogesh Palekar, took her to his house under the pretext of introducing her to his family. Upon reaching the house, she found out that there was no one at home and decided to stay for the night due to late hours. She said that it was then Palekar and she got physically intimate, and Palekar told her that he will marry her. The woman added that after this incident, Palekar invited her to his house 3-4 times more and established a physical relationship with her. However, later Yogesh denied marrying her saying that she belonged to a lower caste.
The woman informed the police who took Palekar into the custody and filed a case against him. The woman also told the court that she agreed to get physical with him because he had promised to marry her. During the pending trial of the case, the court also found out that the woman took monetary help from Palekar on several occasions. Upon hearing both the sides and going through the evidences, the judges concluded that Palekar was not guilty and that the relationship was mutual, based on deep love and nothing else.
This landmark judgement will serve as a precedent for many other cases where men have been framed wrongly.