Rape Charge Not Tenable In Live-In

With more and more women falling to the temptation of live-in relationship, cases of false accusation of rape are also increasing.

- Kaushik Joshi

People in our country still cringe at the idea of live-in relationship but some get desperate to take the plunge. Although the idea is relatively novel in the Indian context, instances of relationship over a decade old come to light when the union without marriage gets locked in legal wrangles, after facing emotional and mental hiccups.

An intriguing case of breakup of live-in relationship that lasted as long as 16 years came before Justice J. B. Pardiwala of Gujarat High Court for quashing and setting aside FIR. Case No.2 of 2015 registered with the Gandhigram Police Station, Rajkot against Bhanjibhai Chavda for offences punishable under sections of Indian Penal Code 376 for rape, 406 for criminal breach of trust, 420 for cheating, 467 for forgery of valuable security, will etc, 468 forgery for the purpose of cheating, 471 for using as genuine a forged document and section 506(2) for criminal intimidation.

In his judgment dated 21 February 2017, under criminal Miscellaneous Application No.15703 of 2015, Justice Pardiwala quashed the charge of rape against retired police official Bhanjibhai Chavda by Rasilaben Kasur with whom the applicant Bhanji Chavda lived for as long as 16 years and then dumped her in 2014.

Rasilaben Kasur divorced her husband and left her two children some 19 years ago to be with Bhanji Chavda who retired as Assistant Sub- Inspector (ASI) of Gujarat Police.

According to her complaint, Bhanji Chavda had promised Rasilaben Kasur 50 per cent of his retiral benefits, plot of land and house besides assuring her that they would get married.

Conscious decision