Additional Sessions Judge Kamini Lau rejected the plea of Vinay Bhatia, a resident of north west Delhi, noting that it was after the 'Roka' (engagement) ceremony and before the date of marriage when the woman was induced by him to make physical relations with him on the pretext that they were going to be married soon.
"Prima facie if the allegations are taken as correct, the act of the accused is both morally as well as legally wrong, the only difference being that if the intention of the accused and his proposal for marriage was only a ploy to elicit the assent of prosecutrix (woman) without inclination to marry, then such an act is punishable under Section 376 (rape) of the IPC and if his intent initially was honest which became dishonest after he sexually exploited her, then it would be an offence punishable under Section 420 (cheating) of the IPC," the court said.
"It is this dishonest intent which makes the act illegal," the court said, adding no questions can be permitted to be raised on her character and that too when the conduct of the man himself was equally questionable.
According to the prosecution, the FIR was lodged by the woman, a divorcee, against Bhatia alleging he had made sexual relations with her on the promise of marriage but later on refused to marry her.
You’ve reached your limit of 5 free articles this month.
Subscribe now for unlimited access.
Already subscribed? Log in
Subscribe to read the full story →
Smart Quarterly
₹900
3 Months
₹300/Month
Smart Essential
₹2,700
1 Year
₹225/Month
Super Saver
₹3,900
2 Years
₹162/Month
Renews automatically, cancel anytime
Here’s what’s included in our digital subscription plans
Access to Exclusive Premium Stories
Over 30 subscriber-only stories daily, handpicked by our editors


Complimentary Access to The New York Times
News, Games, Cooking, Audio, Wirecutter & The Athletic
Business Standard Epaper
Digital replica of our daily newspaper — with options to read, save, and share


Curated Newsletters
Insights on markets, finance, politics, tech, and more delivered to your inbox
Market Analysis & Investment Insights
In-depth market analysis & insights with access to The Smart Investor


Archives
Repository of articles and publications dating back to 1997
Ad-free Reading
Uninterrupted reading experience with no advertisements


Seamless Access Across All Devices
Access Business Standard across devices — mobile, tablet, or PC, via web or app