'Promise broken for marriage is not a false promise': Bombay HC aquits man of rape charges

In an important ruling, the Bombay High Court has acquitted a man accused of rape, overturning the earlier decision of the trial court. The accused was initially charged with rape based on allegations that he had promised marriage, inducing sexual consent under false pretenses. However, his defense invoked a crucial Supreme Court ruling that played a pivotal role in the high court's decision to drop the case against him.

The Supreme Court's ruling centers on the distinction between a false promise and a breach of promise. The apex court established that if a promise to marry is deceitful from the outset, made with the intention to deceive the woman into consenting to sexual relations, then the consent is tainted by a "misconception of fact." On the contrary, a mere breach of a promise cannot be equated with a false promise. To establish a false promise, it must be proven that the promisor had no intention of fulfilling their commitment at the time of making it.

Advocate Lokesh Zade, representing the accused, argued before the Bombay High Court that the Supreme Court's ruling directly applies to his client's case. He contended that there was a legitimate marriage proposal between the parties, even involving a family meeting. Furthermore, he asserted that their relationship from July 2014 to November 2014 was consensual and devoid of any deceptive promises.


The trial court had initially rejected the accused's plea for discharge on August 3, 2019, asserting the presence of a prima facie case necessitating a trial. The first information report (FIR) submitted by the informant detailed her encounter with the accused, where they initially met through a family friend for a marriage proposal.

Subsequently, she claimed that his mother consented to the marriage in July and assured her family of the union. The informant alleged that sexual intercourse occurred under the assurance of marriage and through threats and abuse, rendering her consent void. The accused, however, vehemently denied all allegations of coercion.