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Bombay High Court says chastity is not held property

The Bombay High Court on Thursday observed that “chastity cannot be treated as property” while granting anticipatory bail to a man accused of cheating and raping a woman after promising to marry her.

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The Bombay high court (HC) on Thursday observed that “chastity cannot be treated as property” while granting anticipatory bail to a man accused of cheating and raping a woman after promising to marry her.

Vacation judge AM Thipsay was hearing an application filed by Girish Mhatre, 27, who works with Central Railways. “The applicant and the complainant were in a relationship since 2007. The FIR, dated April 4, was filed because the applicant (Mhatre) married some other girl. The complainant was a consensual party to the relationship. Hence, bail cannot be refused,” Thipsay said. Mhatre had to pay a surety of Rs25,000.

Mhatre approached the high court after the woman lodged a complaint with the police under sections 376 (rape) and 420 (cheating) of the Indian Penal Code.

The court questioned booking Mhatre under section 420, which pertains to dishonestly inducing a person into giving away his/her property to another. “A judgment of another high court says chastity is property. I don’t agree with it. The lady could have refused to do those acts before marriage,” said Thipsay.

The judge’s observation is prima facie and only to decide if the man’s custodial interrogation is required. However, this can be used as a precedent at the stage of anticipatory bail in such cases.

Senior advocate Ashok Mundargi said that prima facie there cannot be cheating in a case when both involved are adults. “There is a subtle difference between cheating and breach of promise. When a couple is no longer compatible in a relationship and one of them breaks it, it cannot be termed as cheating,” he said.    

“Whether there is cheating involved or not will depend on the trial’s outcome,” said advocate Sayaji Nangre. “Investigation will be carried out and then, a charge sheet will be filed. The trial court will decide whether there was cheating and rape.”

Mhatre’s application states that he and the woman were in a “platonic and friendly” relationship since 2007. However, the woman and her friend from a local mahila mandal had been forcing him to marry her.

His application read: “When the applicant (Mhatre) refused, the complainant threatened to commit suicide. Her friend also threatened to break up Mhatre’s sister’s marriage. The duo forced Mhatre to sign a stamp paper dated February 11, 2011, saying he would marry the complainant within a year.”

It further stated that when Mhatre married a girl chosen by his family in November 2011, the complainant got angry and approached the police.

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