The Delhi High Court has refused to grant bail to a man accused of rape after the complainant alleged that he entered into a physical relationship with her on repeated promises of marriage, which she claimed formed the basis of her consent. The case involves charges under Section 376 of the Indian Penal Code and Section 69 of the Bharatiya Nyaya Sanhita, with the court examining whether the consent was obtained through deception.
According to the material placed before the court, the accused and the complainant were involved in a prolonged relationship during which he allegedly assured her multiple times that they would marry. Evidence presented included WhatsApp messages in which the accused reportedly stated that their horoscopes had matched and that there were no obstacles to the marriage. In one message, he allegedly wrote that they would be getting married the very next day, suggesting that the marriage was imminent.
The complainant told the court that she had earlier withdrawn a complaint after the accused and his family reaffirmed their commitment to the marriage. However, she later alleged that the accused refused to marry her, citing non-matching kundalis as the reason. This change in justification became a key factor during the hearing of the bail application.
The High Court observed that the accused’s explanation appeared inconsistent with his earlier statements. The judge noted that if horoscope compatibility had been a decisive factor, the issue should have been clarified before entering into an intimate relationship. The court found that the later refusal to marry on grounds previously claimed to have been resolved raised serious questions regarding the genuineness of the consent given by the complainant.
The court further remarked that withdrawing from a marriage proposal on reasons earlier represented as settled could indicate that consent for the relationship may have been obtained through false assurances. Considering these circumstances and the seriousness of the allegations, the High Court declined to grant bail to the accused.
Senior Advocate Sandeep Sharma, along with advocates Kuldeep Choudhary and Amit Choudhary, appeared on behalf of the accused, while Additional Public Prosecutor Naresh Kumar Chahar represented the State during the proceedings.
