Mumbai (PTI): The Bombay High Court refused to discharge a 32-year-old man from a rape and cheating case noting that he had used astrological incompatibility of horoscopes as an excuse to resile from his promise to marry the complainant woman with whom he was in a relationship.
A single bench of Justice S K Shinde on Monday rejected an application filed by Avishek Mitra seeking to be discharged from the cheating and rape case registered against him by the suburban Borivali police on a complaint lodged by the woman.
The order was made available on Tuesday.
Mitra's advocate Raja Thakare had argued that the relations between the accused and the complainant could not be taken further due to "astrological incompatibility". He argued that this was not a case of cheating and rape under the false pretext of marriage but a case of breach of promise.
Justice Shinde, however, refused to accept this contention and noted that there was material to suggest that since the beginning the accused had no intention of upholding his promise to marry the complainant.
It is apparent that the applicant (Mitra) in the guise of astrological incompatibility of horoscopes, avoided the promise (of marriage). Thus, I am convinced that it is a case of false promise to marry which apparently vitiates the complainant's consent, the bench said.
Justice Shinde further noted that prima facie the court was of the view that Mitra assured the complainant that he would marry her when she approached the police just to avoid a case against him.
As per the case details, the accused and complainant knew each other since 2012 when they were working in a five-star hotel and were in a relationship. The complainant had alleged that on several occasions the accused had indulged in physical relations with her by promising marriage.
The complainant also claimed that when she had conceived and asked Mitra to marry her he refused saying they were still young and forced her to abort the pregnancy.
In December 2012, when the accused started avoiding her, she lodged a police complaint. The police then called the accused and counselled the duo following which Mitra told the police in January 2013 that he would marry her.
However, within a few days the accused backtracked following which the police registered a case of rape and cheating, according to the prosecution.
Thakare had argued that there was absolutely no intent on Mitra's part not to marry the complainant or that his promise to marry her was false.
Had his intentions been bonafide and true, the applicant would not have resiled from his promise to marry the complainant later, the bench said while rejecting his plea for discharge from the case.
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Karkala: KMES Institutions of Education at Kukkundooru in Karkala taluk has recorded outstanding results in the 2025-26 SSLC and PUC examinations, continuing a four-decade educational journey that began with just 22 kindergarten students and no building of its own.
The institution secured a 100 per cent result in the SSLC examinations, with all 43 students passing the examination this year.
Muhammad Arman Shahid emerged as the school topper by scoring 619 marks out of 625, securing 99 per cent and also ranking sixth at the state level. He scored full marks in Kannada, Hindi, Mathematics and Social Science.
Krithika V. Nayak secured the second position in the school with 607 marks and 97.12 per cent, while Arhan stood third with 605 marks and 96.8 per cent.
Out of the 43 students, 21 passed with distinction, 19 secured first class, two students obtained second class and one student passed in third class. Fourteen students scored above 90 per cent.
The institution also performed strongly in the PUC examinations. The Science stream recorded a 100 per cent result, with all 44 students passing, while Commerce secured a 98 per cent pass percentage.
Twelve students scored full marks in different subjects, including Mathematics.
In Commerce, Deeksha Acharya topped the college with 588 marks, while Harshitha H. Kini secured the second position with 581 marks.
In Science, Naveen B. Nayak emerged as topper with 586 marks, followed closely by Sameeksha Moily and Aifa Nidha, who both secured 585 marks.
Speaking about the achievement, High School head teacher Shrimati Patkar said the institution has always focused on supporting academically weak students through affordable education and free special classes.
“Our ambition is to provide quality education even to students who struggle in studies. The fees are very low, and free coaching classes are conducted. I have worked here for 28 years and have always found the atmosphere supportive of education,” she said.
Primary School head teacher Lolita Zeena D’Silva appreciated the dedication of the teaching staff and said the school encourages students not only to achieve high marks but also to become role models.
PU College Principal Balakrishna Rao said the institution focuses on value-based education and overall personality development.
“The aim is to help students succeed not only academically but also in cultural activities, sports and leadership. We encourage qualities such as patience, tolerance and discipline,” he said.
Rao also credited the institution’s growth to the support of founders K.S. Mohammed Masood and K.S. Nissar Ahmed, along with President K.S. Imtiaz Ahmed.
Speaking on the occasion, Imtiaz Ahmed said the institution was built on the dream of making quality education accessible to financially backward families in rural areas.
He said the guidance and encouragement of his elder brothers, Mohammed Masood and Nissar Ahmed, along with the contribution of teachers, students and parents, helped transform the institution into a model educational centre.
The KMES Institutions trace their roots back to 1984, when they were founded by senior social activists Haji P.M. Khan, K.S. Nazeer Ahmed and Haji A.S. Rashid Haider.
The institution initially functioned from the Government Urdu School premises as it did not have a building of its own. Classes began with only 22 students in lower kindergarten and two teachers.
Later, under the leadership of K.S. Mohammed Masood and with continuous financial and moral support from non-resident businessman K.S. Nissar Ahmed, the institution gradually expanded.
In 1993, the school shifted to its own building and began conducting classes from LKG to Class 5.
As student admissions increased, Nissar Ahmed personally funded the construction of three additional classrooms to address infrastructure shortages.
The institution’s new school building was completed in 1997, while the PU College building was constructed in 2001.
From humble beginnings in a borrowed building to producing state-level rank holders and consistent academic results, the KMES Institutions have grown into one of the prominent educational centres in the Karkala region.


