The court also noted the FIR was lodged in 2018 and there had been no explanation for the delay.
Mumbai:
The Bombay High Court has quashed a case lodged against a 73-year-old man for allegedly sexually abusing a woman since 1987, noting that the relationship was consensual.
A division bench of Justices A S Gadkari and Neela Gokhale on Wednesday said the contents of the FIR “clearly indicate a consensual relationship”.
The bench also noted the FIR was lodged in 2018 and there has been no explanation for the delay.
“The parties were indulging in sexual relationship for as many as 31 years. The complainant has never breathed a word about her alleged objection to the relationship,” the court said.
“This is a classic case of a relationship between the parties turning sour and thereafter the complainant lodging a police complaint,” the court said.
As per the case, the woman had joined the man’s company in 1987. At the time, the accused allegedly forcibly established sexual relations with her.
Thereafter, between July 1987 and 2017, for 30 years, the accused raped her at various hotels in Kalyan, Bhiwandi and other places.
As per the case, he promised to marry her, put a ‘mangalsutra’ around her neck in 1993 and declared she was his second wife. adding he did not permit her to marry anyone else.
She claimed that in 1996 the accused suffered a heart attack so she looked after the company.
However, in September 2017, her mother suffered from cancer and she had to take a leave of absence from her job.
When she resumed service, she found the office closed and the company gate locked.
When she got in touch with the man once again, he refused to marry her and also did not hand over documents relating to banking, income tax, an agreement related to a medical shop and the gold ‘mangalsutra’. He also refused to meet her.
The bench observed that the FIR itself indicates the woman was aware the accused was married and continued to believe his assurance regarding marriage despite this knowledge.
“She is adult enough to know the law forbids a second marriage and there is no allegation in the complaint that the accused promised to divorce his first wife and then marry her. Even otherwise, this would purely be wishful thinking on the part of the woman that the accused will marry her after divorcing his existing wife,” the court said.
In the past 31 years, there were many opportunities for the woman to break away and lodge a complaint against the accused but she did not do so, the bench noted.
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