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21. The allegations in the FIR do not on
their face indicate that the promise by the
appellant was false, or that the complainant
engaged in sexual relations on the basis of this
promise. There is no allegation in the FIR that
when the appellant promised to marry the
complainant, it was done in bad faith or with the
https://www.mhc.tn.gov.in/judis
intention to deceive her. The appellant’s failure in
2016 to fulfil his promise made in 2008 cannot be
construed to mean the promise itself was false. The
allegations in the FIR indicate that the
complainant was aware that there existed obstacles
to marrying the appellant since 2008, and that she
and the appellant continued to engage in sexual
relations long after their getting married had
become a disputed matter. Even thereafter, the
complainant travelled to visit and reside with the
appellant at his postings and allowed him to spend
his weekends at her residence. The allegations in
the FIR belie the case that she was deceived by the
appellant’s promise of marriage. Therefore, even if
the facts set out in the complainant’s statements
are accepted in totality, no offence under Section
375 of the IPC has occurred.