Man refused to marry lower caste girl after sex, HC said can't quash rape charges

The Bombay High Court bench at Aurangabad recently refused to quash the criminal proceedings under charges of rape and the stringent SC/ST (Prevention of Atrocities) Act against a man, who didn't marry a woman on the ground that she belonged to a lower caste. The HC said that the man's promise to marry her and then indulge in sexual intercourse amounted to a "false promise."

Petitioner Ganesh had reached the special court in Aurangabad with an appeal to quash the sections of the SC-ST Atrocity Act and rape charges against him. The court, justifying all the charges, in this case, refused to give relief to Ganesh.

What is Ganesh's Case?

Ganesh met the victim on Instagram. He had called the victim to meet him personally. The woman had initially refused to meet him later she agreed. During one such meeting, Ganesh convinced the woman to have sexual intercourse by promising to marry her. All this went on for 4 months after that Ganesh started avoiding the woman. He refused to marry the woman, saying that the girl belonged to a scheduled caste.

The victim says that she had informed Ganesh about her caste before sexual intercourse. Then he had no problem with the caste of the victim.

Keeping in mind the direction of the Supreme Court in such cases, which says that "it is important to establish that the promise made was false and that such a promise had a direct nexus with the girl's decision to indulge in sexual intercourse".

The court found that Ganesh had promised marriage to the woman several times. And the woman had told Ganesha her caste before intercourse. Therefore, the court found prima facie that Ganesh had made an excuse of caste to get rid of the woman by making a false promise of marriage. It was only because of the promise of marriage that the woman had a relationship with the young man, so the cases on Ganesh cannot be quashed.

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