02 September,2024 06:10 AM IST | Mumbai | Shirish Vaktania
The agreement (L) and advocate Sunil Pandey (R)
A sessions court recently granted bail to a 46-year-old Colaba resident accused of raping a 29-year-old woman.
According to the police, the accused had produced a seven-point, 11-month agreement that he claimed the complainant had signed, which included a clause exempting him from taking responsibility of any sort if they ended up having a physical relationship. The woman's lawyer, meanwhile, stated in court that the signature on the document was not hers.
According to the cops, the woman works as a caregiver for the elderly while the accused is employed by a government firm. The complainant alleged that the accused, who had promised to marry her, claiming he was divorced, had raped her multiple times and refused to tie the knot.
The document mentions that the man and woman would live together for 11 months. Representation Pic
As per her statement to the police, the woman said she was introduced to the accused by a friend in October 2023. She claimed that on her first visit to the accused's house, he introduced himself as a government employee. After a few hours of conversation, the complainant informed the accused that she was a divorcee and had a son. The accused then allegedly had physical relations with her with her consent after he convinced her he would marry her.
The complainant said they would keep in touch over the phone and after a few days, the accused asked the woman to accompany him to Alibaug along with his friends. During this outing for five days, they had intercourse, according to the statement.
âHe blackmailed me'
After a few more meetings, the accused allegedly informed her that he had objectionable photographs of her, which he would make public if she stopped meeting him. The woman claimed that she got pregnant and when she informed the accused of this, he offered her pills that terminated the pregnancy.
In January, the accused allegedly pursued the woman, asking her to visit his home. When she did so, she found a woman there who identified herself as the wife of the accused. "I realised that despite being wed, the accused cheated me by promising to marry me," she said in her statement.
Following the incident, the woman registered an FIR at Colaba police station on August 23. The accused subsequently approached sessions court for anticipatory bail and he was granted it on August 29 based on the document.
The âagreement'
The document mentions that the man and woman would stay together in a live-in relationship from August 1, 2024, to June 30, 2025.
The second clause states that during this period, they would not file any sexual harassment cases against each other and spend their time together peacefully.
The third clause states that the woman would stay with the man at his home and if he found her behaviour unsuitable, they could separate at any time after a month's notice.
The fourth clause states that the woman's relatives could not visit their home during their time together.
According to the fifth clause, the woman should not cause any harassment or mental agony to the man.
The sixth clause states if the woman got pregnant, the man should not be held accountable and she would be solely responsible.
The seventh clause states the woman would be held accountable if, due to harassment, the accused experienced mental trauma, causing his life to be damaged.
Legal Speak
Advocate Sunil Pandey, who appeared on behalf of the man, stated, "The applicant was falsely implicated in the case. He is a victim of circumstances. They were in a live-in relationship. The agreement shows that both had consented to be in a relationship. One day, she started blackmailing the applicant. She demanded money and tried to grab property."
Vishhal Saxxenaa, advocate and legal expert, said, "Any agreement for live-in relations can be a proof to show the intentions of the parties. It can work as proof that there were no deceitful means. So in case of a police complaint about physical relations by using deceitful means, a live-in relation agreement can negate such allegations. While it is not necessary to make such an agreement, it can work as a safety measure for couples."
He added, "The Hon'ble Supreme Court has said that a live-in relationship is not a criminal offence or illegal. Partners living together without being married do not have the same legal rights as married couples but they have legal protection under laws."
Police reaction
PI Jyoti Damale of Colaba police station, the investigating officer in the case, said, "This is the first time in all my years of service that I've come across such a live-in relationship. The sessions court granted anticipatory bail based on the agreement and a Supreme Court judgment passed in a special case. We are verifying this agreement. We will call the witnesses in for questioning and record their statements. We were not aware of this agreement initially."
In the case referred to by Damale, the accused and defendant were divorcees and had children. According to the apex court judgment, the woman could not claim rape. "The prosecutrix being a married woman and the mother of a child was mature and intelligent enough to understand the significance and the consequences of the moral or immoral quality of the act she was consenting to," the court had observed
