Panji : A man can not be convicted for rape for having sexual intercourse with a woman by “a misrepresentation of fact”, when there is evidence of “a deep love affair” between the two, is in a recent order, held by the Goa bench of Bombay high court. The HC set aside a seven year jail term and Rs.10,000 fine awarded by a trial court against a accused for raping a woman after giving the false promise to marry her.
The accused appealed against the order. A passing acquaintance between the two casino workers turned in to love affairs in 2013. The chef Yogesh Palekar took the woman home to introduce her to his family. His family was not at home and she stayed back for the night. After sexual relations the woman filed rape complaint.
They had sexual intercourse and the next morning he dropped her home. They had sexual intercourse at his residence on three or four occasions, there after too. He, however refused to marry her as she belonged to a lower caste.
The woman then filed a complaint of rape against Yogesh and stated that she had agreed for sexual intercourse as he had promised to marry her. In the course of the trial, it was also revealed that the survivor provided Palekar with financial support.
