Mumbai court acquits man of rape charges due to 11-month live-in agreement

Advocate Sunil Pandey; (right) The legal document

With the help of an 11-month live-in relationship agreement, a 46-year-old man accused of rape finally got relief after the Colaba police filed a B-summary report on Monday at the sessions court. A B-summary report is filed by the police in criminal cases. A magistrate must consider the contents of the B-summary report when deciding whether to take action in the case.

The police verified the live-in relationship agreement and the signature of the 32-year-old complainant, and also seized CCTV footage from the hotel, which indicated that both had a consensual relationship and that the allegations against the man were false.

The Colaba police had registered an FIR against the man who works for a government firm after the woman claimed that he had raped her at his residence. However, due to the 11-month live-in relationship agreement, the man was granted anticipatory bail in the rape case. The Colaba police submitted the B-summary report to the sessions court regarding the false allegations made by the woman and to quash the FIR. The sessions court will decide on further action.

The police investigation

Advocate Sunil Pandey submitted the 11-month live-in relationship agreement to the sessions court and secured the anticipatory bail for the man based on these crucial documents. The Colaba police visited the advocate's office, where the live-in relationship agreement was made in the presence of both the complainant and the accused. The agreement was established on August 6 at Fort, and the police also recorded statements from the individual who facilitated the agreement. The complainant alleged that she didn't sign the agreement, but police also visited the hotel in Vashi where the couple frequently stayed and engaged in a physical relationship.

The police seized the hotel register and matched the signatures, which were in English. The same signature was found in the hotel register. Additionally, the police discovered that the complainant had sent her photo to the stationery shop operator via WhatsApp for printing, which was then used in the agreement. The cops recorded statements from the hotel owner, staff, service personnel, and witnesses familiar with the couple, confirming their romantic relationship and their trips to Alibaug. The police also found that the woman had paid Rs 1,500 for a hotel room and submitted her Aadhaar card as identity proof.

The complainant claimed that the signature on the 11-month live-in relationship agreement was not hers and that she did not sign in English. However, CCTV footage showed her signing in English at the hotel, and the police seized the register.

The agreement

The document states that the man and woman would live together in a 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 would spend their time together peacefully. The third clause specifies that the woman would stay with the man at his home, and if he found her behaviour unsuitable, they could separate with a month's notice. The fourth clause prohibits the woman's relatives from visiting their home during their time together. The fifth clause states that the woman should not cause any harassment or mental anguish to the man. The sixth clause stipulates that if the woman becomes pregnant, the man would not be held accountable, and she would be solely responsible. The seventh clause states that the woman would be held accountable if, due to harassment, the accused experienced mental trauma that affected his life.

FIR registered by the woman

According to police officials, the complainant works as a caregiver for the elderly. In her FIR, she alleged that she was introduced to the man by a friend in October 2023 and visited his house. At the house, she informed him that she was a divorcee with a son. The accused then allegedly had physical relations with her, with her consent, after convincing her that he would marry her. The complainant stated that they stayed in touch over the phone, and after a few days, the man invited her to accompany him to Alibaug with his friends. During this five-day trip, they had intercourse, according to her statement. Later, the man allegedly threatened to make objectionable photographs of her public if she stopped meeting him. The woman claimed that she became pregnant, and when she informed the accused, he offered her pills to terminate the pregnancy. When the woman visited his house in January, she discovered that he was married. Following this incident, the woman registered an FIR at the Colaba police station on August 23. The man subsequently approached the sessions court for anticipatory bail, which was granted on August 29 based on the evidence presented.

AdvocateSpeak

Advocate Sunil Pandey, who represented the man, stated that his client was falsely implicated in the case and was a victim of circumstances. He asserted that their live-in relationship agreement demonstrated a consensual relationship. He noted the 10-month delay in the woman's complaint and alleged that she had started blackmailing his client for money and attempted to seize his property. Pandey also mentioned that the woman had a history of making false allegations and said that this trend of misuse of the legal system for personal gain was concerning.

"I submitted the original agreement and witness statements supporting the applicant. I also provided the locations of the hotels, CCTV footage, and all relevant records, including hotel registers and diaries. The signatures on the agreement matched the hotel register, and statements from the notary and stationery confirmed that both parties were present when the documents were signed. The complainant claimed that the phone used in the crime belonged to my client, but we proved it was a different phone, and no intimate materials were found. The submitted phone was two years old. We also established a pattern of behaviour that included the woman returning to my client's home and insisting on a sexual relationship," Advocate Pandey said.

B-summary report

A B-summary report is a cancellation report, submitted in cases where the police have not found any evidence against the accused to file a charge sheet and seek trial. Despite the filing of a B report and its acceptance by the court, the fact that a criminal case was registered against someone will still show up in police records.

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Validity of live-in agreement in months