Here is another instance of action-happy, but brain-deficient Indian police whose policy on any rape complaint by a woman seems to be to lodge FIR, arrest the man accused, and then think of what to do about investigation and putting charges.
When lawmakers have made laws like PWDVA (protection of women against domestic violence act), which clearly recognize the occurrence of live-in relationships, and provide reliefs for woman in a live-in relationship; it is clear that a rape charge by a woman in a live-in relationship is nothing but abuse of laws.
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Indian Supreme Court has recently said that live-in relationships are not illegal. But it surely seems being a man in live-in relationship is clearly illegal, or such man is just waiting for his time to get branded a criminal.
http://www.hindustantimes.com/Police-should-be-extra-careful-in-this-case/Article1-550526.aspx
The live-in partner of 27-year-old Jet Airways pilot, Varun Agarwal, may have accused him of rape after he refused to marry her, but legal experts say police should be more careful when investigating cases like these.
Lawyers say rape is a heinous crime that deserves strict punishment, but whether the provisions governing rape are applicable here is the question.
Agarwal’s live-in partner, an airhostess, complained to the Powai police that he repeatedly raped her after promising to marry her. The police have lodged a first information report accusing Agarwal of raping and cheating the complainant.
Lawyers say in such cases the police should first conduct a preliminary inquiry into the allegations. Special public prosecutor Rohini Salian said the complainant is an adult mature enough to decide that she wants to live-in with the pilot. Even if it is assumed that she succumbed to physical relationship under threat, why did she keep quiet for so long, Salian asked. “The police could have conducted an initial inquiry before lodging the FIR,” Salian said. “The facts and circumstance of the case suggest that the pilot should not have been booked for rape.”
Public prosecutor Satish Borulkar agreed saying intercourse with the promise of marriage cannot be rape. “The Supreme Court held in 2009 that sexual intercourse following promise of marriage cannot be construed as rape,” Borulkar said. “The consent is there, even if with a false promise.”
“When we talk about a live-in relationship, intercourse by consent is implicit. The man, in this case, cannot be booked for rape,” said advocate Shrikant Shivade. Legal experts said under the Indian Penal Code, charges of rape can be applied only if intercourse is by force.
“Even if consent is unwilling or under threat or under duress, it amounts to consent,” said advocate Sayaji Nangre. “The person can be tried for cheating, but not rape.”
Anonymous says
October 31, 2013 at 9:38 amMr. Vaswani,
Later it seems, you yourself have been booked for cheating case for selling some illegal property.
http://www.afternoondc.in/city-news/advocate-and-3-others-booked-for-fraud/article_74202
Sandesh says
June 4, 2011 at 6:37 pmYes, Mr.Advocate, Truth shall prevail, and your pack of lies, will come out in open. In fact, a plain reading, shows all the absurdity in the complaint.
Seems you don’t even have read what Yodha has written. Also no legal points in your comments, shows what business you are really in. Just misleading public, by making baseless, and wild allegations in thin air.
satish says
June 4, 2011 at 2:37 pmthis lawyer/loser gentleman may kindly read this:
http://lawyersarepigs.wordpress.com/
yodha says
June 4, 2011 at 1:07 pmMany lawyers live under illusion knowing a bit of law makes them some kind of gods, and this guy Mahesh Vaswani sounds more like a preacher or politician than reasoned advocate in his comments.
This lawyer says about people’s “anti women comments”, as if all women in the world are mother Teresas!
He probably is inspired by Ram Jethamalani, who when had no way to defend Kanimojhi being refused bail, asked for mercy in name of her being a “woman”. Maybe this pro-woman lawyer needs to read constitution again which does not discriminate in law based on sex.
Boss, we don’t have to come to YOUR court case. We wish the public prosecutor and you all the best, and we hope you don’t try giving such preaching and gyan in front of judge like “majesty of law”. We all know that! Give evidence and proof beyond reasonable doubt if you want a conviction. Else go start an NGO for women and do pro-bono work for your abla-naaris 🙂
MAHESH VASWANI says
June 2, 2011 at 9:03 pmAll these anti women comments seem to have been motivated by vested interests, but remember truth always shall prevail. And so shall majesty of the law! If any one of you who are so boldly posting comments, have the courage and conviction in what you say here, do come to court and speak the same, justice will be done!
– Advocate Mahesh Vaswani, Mumbai.
Anonymous says
May 26, 2011 at 1:19 pmThis “vamp” is not the first and certainly won’t be the last to try and screw up somebody’s life and career.
Anonymous says
May 25, 2011 at 1:10 pmMr Advocate Mahesh Vaswani,
Do not think you being an Advocate know every thing about the IPC, Law and parliament. We being victim of false criminal cases by uncivilized and unscrupulous people like you know better law than you. No law in India says a consensual sex should be treated as Rape and It is not a rape unless it is proved beyond doubt as per law. Any women in India can accuse any men with rape and vultures like you who support these bitches don’t mean that guy has committed rape. Don’t worry you are some day going to be hit by the same law that you and your so called free client are misusing.
Note: Do not give treat about contempt of court and also investigation by the cyber crime cell of Mumbai Police. As you said India being a democratic country has given fundamental rights to all its citizens including you for freedom of speech. I think it is time for you to go to Law school again (This time to study the real law).
Karthik, Chennai
Anti-false criminal case foundation
MAHESH VASWANI says
May 24, 2011 at 11:26 pmI am touched with so many reactions…there is law made by the Parliament of India, for the democracy in which me, the victim girl, the accused and all those who have reacted also live.
It is this law which sets the rule of law for every Indian, and it is based on the law made by the Parliament, that is the Indian Penal Code, which is the basis for the rape charges applied by the Police.
All the caustic comments only show the ignorance and intolerance of the consequences of the Rule and the Majesty of law. If some of the authors of the above comments do need more clarifications they may read the Indian Penal Code and the law on rape as defined in the statute and also as laid by the several judgments of the Supreme Court of India and the Bombay High Court as well.
I also see that despite the moderation being enabled herein on this site, there are some comments and reactions which need to be dealt with for contempt of court and also investigation by the cyber crime cell of Mumbai Police, for action in accordance with law.
With due respect to the comments and their authors, and irrespective of such barbs, I shall continue to lead the victim girl’s battle. And for a clearer picture, I am appearing in the case absolutely free.
– Advocate Mahesh Vaswani, Mumbai.
prassoon says
January 9, 2011 at 4:42 pmIt’s high time for Sexual Intimidation Law
===================================
Trapping high profile men in sexual harassment cases has become a trend in the very recent past. Reports from various quarters of government and non governmental organizations have exposed a lot of truth to the extent that society quit buying rape cases. More and more people are becoming legally literate to understand that what comes in the package of “rape” is not what they have been taught by movies, but its genuine consensual sex, being used as Rape after break up or to wreck vengeance or to make money.
prassoon says
January 9, 2011 at 4:37 pmDear Advocate Mahesh Vaswani,
How many lakhs/crores of justice is she seeking for?
Anonymous says
January 9, 2011 at 4:17 pmDear Mr. Vaswani:
Consent obtained by false inducement may, at best sounds like fraud. When a woman is happy to have sex in return of the promise of marriage then it is a contract. At best the man should be charged with breaking a contract. Don’t you think? Rape is a heinous crime and must defined as “forced sex”
If tomorrow a woman sleeps with a man who promises her a job in return, is it rape or breach of contract?
Mahesh Joshi says
January 8, 2011 at 5:26 pmMr Mahesh Viswani, try to use your mind and do not act like a dumb ass because you are paid by your client even if her accusations were baseless. What in this world prevent a major women to use her brain and consent for sex with the hope that that guy will marry later. Why can’t she say to him that she will not accept for sex till he marry him. She enjoyed his sex and his company and once they broke up. Now she is going to the extent of accusing him of Rape. Such women are a disgrace to our society and people like you who encourage such unscrupulous women are a sin to our Indian society. She is the one who has to be punished for filing the false case and harassing an innocent men. Stop being a pussy man and try to be a Real man and help real victims.
time4MAN says
January 8, 2011 at 3:26 pm>> if such actions are not termed rape, then all the men will promise marriage, exploit girls and later on leave them high and dry < < WOW!! What logic Mr. Advocate!!
I understand what you mean by “high & dry” .. $$$$ afterall, given the opposite party is a “mota murga” who can be extorted by people of your ilk.
Is there any prescription which girls like these “downtown” air-hostess follow : “If there is inducement to marriage, move into live-in, have SEX!!”??
More so, continue with live-in and keep having SEX without complaints till the time “inducement” exists and when there are differences of opinion and it appears that the girl will not see wedding day with same guy, CRY RAPE!!
Was she taken hostage that the “regular” violence/threats meted out to her could not be reported earlier to police?
BTW, how do you define scenarios where girls promise to marry, have SEX and then refuse?? Please enlighten us, why this scenario should not be considered RAPE?
Also, enlighten us on “many other players” … are you suggesting there was a gang-rape? OR do you want to book the boys parents with the rhetorical and extortionist DP Act?
time4MAN says
January 8, 2011 at 3:26 pm>> if such actions are not termed rape, then all the men will promise marriage, exploit girls and later on leave them high and dry < < WOW!! What logic Mr. Advocate!!
I understand what you mean by “high & dry” .. $$$$ afterall, given the opposite party is a “mota murga” who can be extorted by people of your ilk.
Is there any prescription which girls like these “downtown” air-hostess follow : “If there is inducement to marriage, move into live-in, have SEX!!”??
More so, continue with live-in and keep having SEX without complaints till the time “inducement” exists and when there are differences of opinion and it appears that the girl will not see wedding day with same guy, CRY RAPE!!
Was she taken hostage that the “regular” violence/threats meted out to her could not be reported earlier to police?
BTW, how do you define scenarios where girls promise to marry, have SEX and then refuse?? Please enlighten us, why this scenario should not be considered RAPE?
Also, enlighten us on “many other players” … are you suggesting there was a gang-rape? OR do you want to book the boys parents with the rhetorical and extortionist DP Act?
SIDDHARTH RAJKUMAR MURARKA says
February 12, 2018 at 11:16 amA general observation – no lawyer should be making public trial of his case. no lawyer should ever give statements in matters in which he has been representing. contempt of court word is used. The opinion I have is that attempt to form any impression plus or minus of the case in public at large, even by a lawyer, obstructs or tends to interfere with the process of justice. This is my personal view. I was lucky to have guidance of many not so known but in reality very great lawyer.
SIDDHARTH RAJKUMAR MURARKA
Advocate on Record, Supreme Court of India
MAHESH VASWANI says
January 7, 2011 at 8:34 pmHey, I have seen the FIR, being advocate for the victim airhostess in the Bombay HC to oppose the rape accused pilot Varun Agarwal’s quashing Petition. The FIr says that the Jet Airways Pilot had been assaulting the victim air hostess and how she was assaulted, violated and raped regularly by Varun Agarwal. He even threatened to throw acid on her face if she stopped satisfying his sexual desires, the FIR says.
Consent obtained by false inducement is no consent, and this is the settled legal position.
In identical cases, the Supreme Court has upheld conviction as rape offence when sexual exploitation was done in name of marriage and later the boy backed out.
There is sufficient material on record of the Mumbai Police investigating the case and the case is surely going to be taken to its logical end. There are many more players in this case who should have been arrested as well, and if such actions are not termed rape, then all the men will promise marriage, exploit girls and later on leave them high and dry, once they know law is on their side in such cases…!
Justice needs to be done to the victim airhostess, and the outcome of the trial will bare the ultimate truth to all.
– Advocate Mahesh Vaswani, Mumbai.