Sending sexually explicit messages to a woman whom the accused, Jignesh Chandulal Vyas was proposing to marry and who had not raised any objections at that time will not amount to insulting her modesty under Section 509 of the Indian Penal Code, according to a Mumbai sessions court in State of Maharashtra Vs Jignesh Vyas & Anr.
Sending such messages to the other during such a premarital period may delight the other. It may bring happiness, or give the impression that someone cares about him or her, or that someone understands his or her emotionsCourt’s order
Additional Session Judge DD Khoche noted that the accused had sent the messages to the woman, who had not objected at the time and had expressed her desire to marry at the time.
Also Read : HC: Under Article 21, a prisoner cannot be deprived of a considerable family event
The case revolves around a woman who met the accused on a matrimonial website in 2007 and attempted to marry him despite opposition from the accused’s mother. The complainant was adamant and moved in with the accused. Eventually, the accused and the complainant had disagreements, and the marriage could not take place. She then tried to call the accused on his cellphone, but it was switched off.
When she called the office phone, he informed her that he was not at the office and that she would have to contact him through others. After being duped, the woman filed a complaint against the accused.
He was initially charged with insulting a woman’s modesty under Section 509 IPC and cheating under Section 420 IPC, in addition to the provisions of the Dowry Prohibition Act. Then, in 2010, he was charged with rape, outraging modesty, and cheating under the Indian Penal Code’s Sections 376 (rape), 509 (outraging modesty), and 420 (cheating).
Also See : Only Muslim community have been targeted after Delhi 2020 riots: Delhi Court slams Mehmood Pracha upon this statement
Following that, the charge of rape was added, based on the fact that the man had a sexual relationship with the woman after falsely claiming to be married.
On the charge that the man sent her obscene messages in order to offend her modesty, the Court stated that if the woman had expressed her displeasure, she should have told the man, and he would not have repeated the mistake.
On the charge of rape, the Court determined that the sexual relationship between the two parties was not coerced, but rather “it was the sexual relationship which had taken place at both the major parties’ own wish to experience the sex prior to the marriage.”
Also Read : Centre decides to repeal three farm laws
Even after respecting the informant’s emotions and her long fight for justice over a period of nearly 11 years or more, this Court is of humble opinion that this is not the case that would show that the accused committed the crime of rape.
Judge Khoche concluded, based on the evidence, that the informant chose to engage in such sexual activity, but that the promise of marriage was not false. The court also found no evidence that the accused intended to make a false marriage promise. Judge Khoche noted that the man had been in a relationship with the woman for more than two years and had kept his promise to marry her to the best of his ability.