Mumbai: Noting that it was a “consensual relationship” for 31 years, the Bombay High Court has quashed a case lodged against a 73-year-old man for allegedly sexually abusing a woman since 1987.
“The parties were indulging in sexual relationship for as many as 31 years. The complainant has never breathed a word about her alleged objection to the relationship,” a bench of Justices Ajey Gadkari and Neela Gokhale said on Wednesday. “This is a classic case of a relationship between the parties turning sour and thereafter the complainant lodging a police complaint.”
Details On The Woman's Complaint
The woman’s complaint said that she joined the man's company in 1987, when he allegedly forcibly established sexual relations with her. Thereafter between July 1987 and 2017, for 30 long years, the accused raped her at various hotels in Kalyan, Bhiwandi and other places. He even promised to marry her, put mangalsutra on her in 1993 and declared that she was his second wife and did not permit her to marry anyone else.
When he suffered a heart attack in 1996, the woman claimed that she looked after the company.
In September 2017, her mother was diagnosed with cancer and she had to take leave of absence from job. When she resumed service, she found the office closed and there was a lock on the Company gate. She then contacted the man and he refused to marry her and also did not hand over documents relating to bank, Income Tax, an Agreement relating to a Medical Shop and also refused to meet her.
The court noted the FIR indicates that the woman was aware that the man was married and still she believed his assurance regarding marriage.
“She is adult enough to know that the law forbids a second marriage and there is no allegation in the complaint that the accused promised to divorce his first wife and then marry her. Even otherwise, this would purely be wishful thinking on the part of the woman that the accused will marry her after divorcing his existing wife,” the court added.
Besides, the court remarked, that in the last 31 years, the woman had many opportunities to break away and lodge a complaint against the accused but she did not do so.
