The Bombay High Court has refused to let go of a 32-year-old man in a rape and cheating case after noting that he had used 'astrological incompatibility' as an excuse not to marry the complainant, with whom he was in a relationship previously. The single-judge Bench of Justice SK Shinde rejected the plea of Avishek Mitra, who was seeking a discharge from a rape and cheating complaint filed against him. The complainant had filed a case in the Borivali Police Station alleging that Mitra used mismatching of horoscopes to resile from the marriage.
Advocate Agrued That Case Is Of Breach of Promise
According to The Indian Express, Mitra's Advocate Raja Thakare argued that the relationship between the two individuals could not be taken further due to 'astrological mismatch'. The advocate further argued that it was not a case of rape and cheating under a false pretext of marriage as filed by the complainant, but a case of breach of promise. However, the judge refused to comply that the material evidence clearly showed that the accused had no intention of fulfilling his promise of marrying the complainant. Justice Shinde further mentioned that prima facie, the court thought Mitra had assured marriage to stop the woman from approaching the Police.
The Complainant: 'Forced To Abort Child'
In her complaint, the complainant had also mentioned that when she conceived Mitra's child and asked him to marry her, he had forced her to abort the child, citing that the two were too young for marriage. In December 2012, the lady approached the Police after Mitra started avoiding her and in 2013, the Police had tried to counsel the duo, after which, Mitra had agreed to marry her. However, he backtracked a few days later, following which the Police filed the case of rape and cheating against him.