Having considered the detailed submissions, the bench noted that the the relationship was consensual, but the consent was obtained on the false promise of marriage.
“It appears that the physical relations between Appellant (Koli) and the informant were going on for a long time but they were based on the promise of marriage given by the appellant to her. Subsequently, he did not take steps to marry her. His subsequent conduct shows that he never intended to marry her right from the inception,” the judges observed.
The bench further considered the submission of the prosecutrix that Koli had been threatening her of consequences and forcing her to settle the matter.
“….in the background of the averments made in the affidavit filed on behalf of the informant, possibility of pressurising her to settle the matter, cannot be ruled out. Hence no case is made out,” the judges said dismissing the appeal.
Source: Barandbench
