Tinder relationship, not rape: Calcutta HC acquits military officer in ‘false promise to marry’ case

The Calcutta High Court has overturned the rape conviction and life sentence of a military officer, ruling that a consensual sexual relationship between two adults cannot be construed as rape solely because a promise to marry was later broken.

Setting aside the trial court’s order, a division bench of Justices Arijit Banerjee and Apurbha Sinha Ray held that there was no evidence to suggest the man had no intention of marrying the woman from the very beginning of the relationship.

“Keeping in mind the age, educational qualification, social background and standing of the parties, and the fact that their relationship continued for three-and-a-half years, it is difficult to accept that the woman consented to the physical relationship solely under a misconception created by a promise of marriage,” the court observed in a recent ruling.

Met on Tinder, travelled across India

According to court records, the man and woman first connected on Tinder in May 2018. Their friendship quickly evolved into a romantic relationship.

The bench noted that both were mature, educated adults with established careers and social standing. Over the next three-and-a-half years, they travelled extensively across India and lived together in cities including Mumbai, Bengaluru and Kolkata.

The court also noted that the man stayed with the woman’s parents in Kolkata during visits, even when she was not in the city, underscoring the openness of the relationship.

‘Voluntary relationship, not forced sex’

The High Court said it was undisputed that the sexual relationship between the two was consensual.

“It is not the prosecution’s case that the physical relationship was forced or against the woman’s will,” the bench said, adding that the prosecution’s central claim was that her consent was obtained fraudulently through a false promise of marriage.

However, the court found no material to support the argument that the promise was false from inception, a key requirement to invoke Section 90 of the Indian Penal Code, which deals with consent obtained under fear or misconception.

‘Not possible to accept she was duped’

The court also observed that the woman was aware the man was married and understood that marriage between them could happen only after his divorce.

“Being a mature adult, she must have realized that he could marry her only after legally dissolving his existing marriage,” the bench said.

It added that given the nature and duration of the relationship, it was “not possible to accept” that she had been deceived into the sexual relationship.

Court flags inconsistency over pregnancy claim

The judgment also highlighted contradictions in the woman’s statements regarding her pregnancy.

In her written complaint, she alleged that the man forced her to undergo an abortion. But during testimony, she said she suffered a miscarriage after stress caused by discovering he was already married and later refusing to marry her.

“There is a world of difference between miscarriage and abortion. This is not a minor inconsistency,” the court said, stressing that abortion is an active medical procedure while miscarriage is a separate medical event.

Background of the case

The woman filed a complaint after the relationship broke down in 2021, alleging that the officer had induced a sexual relationship by falsely presenting himself as single and promising marriage.

The trial court convicted him under Section 376(1) of the IPC, holding that her consent was vitiated by a “misconception of fact” under Section 90.

The High Court has now reversed that finding, ruling that the evidence pointed to a consensual relationship between two adults rather than a criminal act of rape.