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Married woman cannot claim rape on pretext of marriage, Bombay High Court rules

The Bombay High Court's ruling states that a married woman cannot assert she was raped based on a false promise of marriage. This decision was made while granting anticipatory bail to Vishal Nagnath Shinde in a case involving allegations of coercion and threats.

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The Bombay High Court has ruled that a married woman cannot claim she was raped under the pretext of marriage. This decision came while granting anticipatory bail to a man arrested in a rape case in Pune.

Justice Manish Pitale noted that since both the complainant and the accused are married, the claim of being misled by a promise of marriage is legally untenable.

The case arose from an incident reported on January 18, where the woman alleged that the man had coerced her into sexual intercourse after promising to marry her. However, the court emphasized that the woman, being aware of her marital status, could not assert that she was deceived into a sexual relationship based on a false promise of marriage.

During the proceedings, it was highlighted that the man had cooperated with the investigation, surrendering his mobile phone and attending police inquiries. The court found no evidence suggesting he had circulated any compromising videos, as alleged by the complainant.

In light of these findings, the court granted bail to the accused upon furnishing a personal bond of ₹25,000. This ruling underscores the complexities surrounding consent and legal claims in cases involving consensual relationships between married individuals.

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