NT Reporter
Panaji
The North Goa Fast Track Special Court has discharged a man accused of having sexual intercourse with a woman on the false pretext of marriage, observing that a marriage not taking place due to intervening circumstances does not, by itself, establish a fraudulent promise made with deceitful intent from the beginning of the relationship.
According to the prosecution, the complainant met the accused in 2024. She alleged that he visited her residence, promised to marry her and subsequently engaged in physical relations with her. She further said that he introduced her to his family, reiterated his intention to marry her and began making marriage preparations. However, the accused failed to appear on the scheduled date for signing documents before the Sub-Registrar’s office, resulting in the cancellation of the wedding and the filing of a police complaint.
The prosecution opposed the discharge application, contending that the chargesheet, witness statements and medical reports established a prima facie case warranting the framing of charges.
Seeking discharge, the defence counsel highlighted what were described as significant inconsistencies, including the complainant’s admission that she was already married to another person in her native place and had not obtained a legal divorce.
Rejecting the Public Prosecutor’s argument that the previous marriage was unregistered, the court observed that there was nothing on record to show that registration was mandatory under the complainant’s personal law. It held that the complainant faced a legal impediment to marrying the accused, irrespective of his promises.
Discharging the accused, the court held that the material on record did not disclose the essential statutory ingredients required to establish the offence and that compelling the accused to face trial would serve no legal purpose.
