Should a man be treated as guilty simply because marriage negotiations broke down?
Calcutta High Court held that a failed marriage proposal, settlement talks, or refusal to marry cannot be treated as proof of rape.
KOLKATA: Justice Ananya Bandyopadhyay of the Calcutta High Court has set aside the conviction of a man in rape case that dates back to 2007, holding that the prosecution failed to establish the allegation beyond reasonable doubt.
The case arose from a complaint filed by a woman who alleged that the accused had raped her and later refused to marry her despite assuring her that he would do so. Based on the complaint, the accused was convicted by a trial court in 2008 and sentenced to seven years of rigorous imprisonment.
While hearing the appeal, the High Court closely examined the evidence of the complainant, her family members, medical witnesses and investigating officers. The Court noted that there was a delay of nearly one month in lodging the FIR and observed that during this period both families were engaged in negotiations for marriage between the complainant and the accused.
The Court observed that the family treated the allegation not as an immediate criminal complaint but as an issue that could be resolved through marriage discussions. According to the judgment, the criminal case was filed only after the proposed marriage failed to materialise.
Referring to the delay, the Court observed:
“This active attempt to trade a criminal liability for a domestic settlement strips the prosecution’s case of its pristine, spontaneous character, rendering the eventual invocation of the penal machinery an institutional afterthought born from the breakdown of private negotiations.”
The High Court also found significant inconsistencies in the statements made by the complainant at different stages of the case. The Court noted that her versions in the FIR, her statement before the Magistrate and her testimony during trial were not entirely consistent.
The Court further examined the evidence of family members who claimed to have seen the complainant immediately after the alleged incident. It found certain aspects of their conduct unusual and difficult to reconcile with normal human behaviour.
Medical evidence also did not strongly support the prosecution’s case. The doctor who examined the complainant found no external injuries or signs that could conclusively support the allegation of forcible sexual assault. The Court further noted that the prosecution failed to conclusively prove the complainant’s age as a minor.
The High Court also rejected the argument that participation in marriage negotiations or subsequent conduct of the accused could automatically be treated as proof of rape.
In one of its key findings, the Court observed:
“Criminal law cannot be permitted to be deployed as a blunt instrument for the forced solemnization of marriage, nor can the grave charge of rape be treated as a conditional grievance that is waived upon the execution of a marriage register and revived only upon its failure.”
After examining the entire record, the Court concluded that the prosecution had failed to establish the allegation beyond reasonable doubt.
The Court held:
“The prosecution has failed to establish the foundational parameters of a violation on the specific date alleged beyond a reasonable doubt, and the conviction stands entirely vitiated. The appellant is granted the full, unvarnished benefit of reasonable doubt.”
Accordingly, the High Court allowed the appeal and set aside the judgment of conviction and sentence passed by the trial court.
Explanatory Table: Laws And Sections Involved
| Law/Section | Purpose | How Applied In This Case |
| Section 376 IPC | Punishment for rape | Sole charge against accused; conviction ultimately set aside |
| Section 161 CrPC | Police statement of witnesses | Court noted inconsistencies between statements and later testimony |
| Section 164 CrPC | Judicial statement before Magistrate | Court compared it with FIR and trial testimony and found variations |
| Section 313 CrPC | Examination of accused | Accused denied allegations |
| Section 6 Evidence Act | Res Gestae (same transaction evidence) | State relied on immediate disclosures to relatives |
| Section 8 Evidence Act | Conduct of parties | State relied on accused’s conduct and marriage negotiations; Court did not accept it as proof of rape |
Case Details
- Case Title: Bhaktaranjan Mahato v. State of West Bengal
- Case Number: C.R.A. 393 of 2008
- Court: High Court at Calcutta
- Bench: Hon’ble Justice Ananya Bandyopadhyay
- Judgment Date: 22 May 2026
- Counsels:
- For the Appellant: Mr. Abhra Mukherjee, Mr. Sauradeep Dutta, Mr. Arpayan Mukherjee, Mr. Swakshar Kumar Mondal, and Mr. Himadree Ghosh
- For the State: Ms. Faria Hossain, Mr. Anand Keshari
Key Takeaways
- A rape allegation cannot become a tool to force marriage. The High Court clearly held that criminal law cannot be used to compel a matrimonial settlement.
- Benefit of doubt matters. Serious allegations alone are not enough; guilt must be proved beyond reasonable doubt.
- Inconsistent statements can destroy a prosecution case. The Court found material variations between the FIR, Section 164 statement, and trial testimony.
- Conduct after an allegation is relevant. Weeks of marriage negotiations before filing the FIR raised serious questions about the prosecution narrative.
- Due process protects men too. The Court reaffirmed that convictions cannot rest on allegations alone; guilt must be proved through reliable and consistent evidence.
This Could Change Your Case-Get FREE Legal Advice-Click Here!
Disclaimer: The views and opinions expressed in this article are those of the Indian courts and do not necessarily reflect the official policy or position of “ShoneeKapoor.com” or its affiliates. This article is intended for informational and educational purposes only. The content provided is not legal advice, and viewers should not act upon this information without seeking professional counsel. Viewer discretion is advised.