Bombay High Court at Goa grants bail to accused charged with sexual assault upon drawing a distinction between false promise and breach of promise on pretext of marriage
Title: Geetesh Pagi v. State of Goa
Decided on: August 3, 2023
Citation: 2023 SCC OnLine Bom 1613
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
This is an application for suspension of sentence and grant of bail during the pendency of the judgment. The applicant/accused has been convicted for the offence punishable under Section 376 of the IPC and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 5,000/- and in default to undergo simple imprisonment for 6 months. It has been argued by the prosecution that the accused had promised the victim that he would marry her and under the guise of marriage had maintained physical relationship. They also argue that there is evidence of this being a case of false promise made by the accused to the victim.
Court Analysis and Judgement:
The Court took into account the arguments raised by the counsel for the applicant that the evidence of the victim clearly indicates that she was in a relationship with the accused. The relationship was of consensual nature. The victim was aged 40 years and the accused was around 22 years. After the applicant was granted anticipatory bail during investigation, he did not commit breach of the order granting anticipatory bail. There were several instances of physical relationship between them. She has also deposed that they stayed together. The Court drew an important distinction between breach of promise and false promise to induce the victim to maintain physical relationship. The Court took the view that everything that happened between the victim and the accused was of consensual nature. Considering the circumstances, the Court granted the applicant bail on execution of PR bond of Rs. 20,000/-
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Written by- Reema Nayak
