In a path-breaking judgment, the Gujarat High Court today ruled that breach of promise to marry cannot substantiate rape charge and quashed a complaint against a Surat-based man by his former live-in partner.
"I am not convinced with the case of the prosecutrix (the lady who had filed a complaint of rape against her former live in partner). In a case of this type, no other evidence is helpful except the version of the prosecutrix," a single judge Gujarat High Court bench comprising Justice J B Pardiwala said in an order today.
"Assuming for a moment that there was some assurance of marriage, even then mere breach of promise to marry by itself will not substantiate the offence under Section 376 (rape) of the Indian Penal Code," the order said.
The Gujarat High Court passed the order after a plea filed by a Surat-based person Sachin Sangray sought to set aside court proceedings against him under the charges of rape filed by his former live-in partner.
Sangray worked as a sales manager in a Surat-based private insurance company, developed a close relationship with his female colleague and started living together in the Nanpura area of Surat city with her.
However, they parted ways on March 1, 2012, after a live-in relationship of around an year.
On March 10, 2012, Sangray visited the girl's home to invite her and her family for his marriage, which was to be solemnised on March 13, 2012, the High Court order said.
After this, the girl filed a police complaint alleging rape, claiming that she was duped by her former live-in partner by falsely promising marriage.
The Surat police arrested Sangray and filed a charge sheet against him under Section 376 of the Indian Penal Code, before a court of the judicial magistrate in Surat last year.
