Tejas Udaykumar Sarvaiya v. State of Maharashtra
In the High Court of Bombay
A.B.A. 105/2016
Before Justice Mridula Bhatkar
Decided on April 07, 2016

Relevancy of the case: Anticipatory bail application in a case involving allegations of rape and capturing of obscene photographs

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Indian Penal Code, 1860 (Section 34, 376, 420, 504, 506)

Relevant Facts of the Case

• The prosecutrix is a doctor and was in a relationship involving sexual intercourse with a promise of marriage with the appellant-accused.
• The accused allegedly had sexual intercourse with her without her consent after the marriage proposal. He also clicked her obscene pictures in compromising positions.
• After some time, the victim claimed that the accused made two fake accounts using her e-mail ID and password. Thereafter, he sent vulgar messages from one ID along with objectional emails.
• Hence, the appellant cancelled the marriage.

Opinion of the Bench

• The court stated that the woman is educated, major, and there is no special circumstance.
• In the abovementioned circumstance, if the couple gets engaged and establish a sexual relationship with each other, it is not cheating or rape even if the accused refuses to marry after making promises.
• The court believed that it is a voluntary and conscious decision if a woman can understand the consequences of intercourse.
•  If the accused obtained consent for sexual intercourse by fraud or coercion, it constitutes rape.

Final Decision

• Application allowed.
• Anticipatory bail granted with conditions.

This case summary has been prepared by Anushka Ojha, an undergraduate student at Bharati Vidyapeeth New Law College, Pune, during her internship with The Cyber Blog India in May/June 2021.