Mumbai Sessions Court, in his recentstatement, said that sending obscene messages to a woman, whom a person isgoing to marry, cannot be regarded as an insult to her modesty. The courtacquitted a 36-year-old man, 11 years after he was booked under the charges of cheatingand rape.
According to the sessions court which came tothis decision, such messages in the premarital period can be “delightful”. Thecourt said, “If at all those are not liked by the other side, it has discretionwith it to convey its displeasure to the other side and the other side generally avoids a repeat of such a mistake. The purpose wasto put up his expectation before her, to arouse her with a similar feeling ofsex, which may give happiness to her, etc. But in no way those SMSs can be saidas were sent to insult her modesty.”
This case was filed by the woman in 2010 as an FIR. The couple had met on a matrimonial site in 2007 anddecided to marry. Although the family of the man was not happy with the match,they continued seeing each other.
After three years of the relationship, the mandecided to move on as his mother did not like the girl. So, his mother refusedto let him stay at his house if he continued seeing the woman. After that, thewoman had filed the FIR saying that the man cheated on her and raped her underthe pretext of marriage.
The court also said that having sex with theman prior marriage was also the woman’s choice despite being aware about theopposition posed by the man’s mother. “Even after respecting emotions of theinformant (woman), respecting her fighting for justice for 11 years or more,this court is of the humble opinion that this is not a case which would showthat the offence of rape has been committed,” the court said.
The parents of the accused were also bookedunder this case.