Bombay HC rejects plea of a man seeking discharge from a rape case

It was argued in the court that one could not say that he did not intend to marry her at all, and neither his promise to marry her was false. It was due to astrological incompatibility that the accused could not marry her.

Bombay HC rejects plea of a man seeking discharge from a rape case

The Bombay High Court rejected the plea of a man seeking clearance from a rape case. It said that astrological incompatibility is not a valid reason to waver his promise to marry his girlfriend. 

He can not get himself cleared from the rape charges for this reason.

The 33-year old moved to HC after an additional sessions judge at Dindoshi had rejected his plea seeking discharge from the rape case. 

The case was registered by Borivali police which was based on the complaint lodged by his girlfriend, who is a Borivali resident.

She accused him of exploiting her emotionally to have a physical relationship with him under the false promise of marriage. They worked together at a five-star hotel in Mumbai and have known each other since 2012.

Reportedly, when the woman conceived, she was forced to abort the child by the accused. He told her that he wished to marry her but two years later. She further added that from December 2012, he started avoiding her, and the girl lodged the complaint on December 28.

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An assistant commissioner asked them to undergo counselling; the accused appeared along with his parents in 2013, agreeing to marry her. The girl then took her complaint back.

However, on January 18, the accused wrote to the counsellor and retreated from marrying her.

She filed a fresh complaint later. The police registered an offence and filed a charge-sheet against the man. Last year, the trial rejected his plea seeking discharge, and therefore he moved to the HC.

On his behalf, the counsel argued that the case can be regarded breach of promise on account of "astrological incompatibility since the horoscopes of the two did not match."

However, a single-judge bench of justice, Sandeep Shinde, rejected his plea.

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