HC on Consensual Sex Between Unmarried Couple: Sexual Intercourse During Prolonged Relationship Cannot Be Held as Rape, Says Allahabad High Court
According to the FIR in the case, the victim and the accused met during a relative's wedding. Following that, the two established a love affair. The victim's family was supportive of the relationship.
Lucknow, September 20: The whole proceedings of a rape case against a man accused of raping a woman on the false promise of marriage were recently dismissed by the Allahabad High Court. The bench of Justice Anish Kumar Gupta noted that the accused and the victim had known each other for more than 15 years and had been in an active physical relationship for more than eight years with the approval of the victim's parents. The bench stated that in the instant case, because the relationship between the parties was consensual, with family approval, and the initial promise by the accused was not false, any subsequent breach of such relationship would not amount to rape under Section 375 of the Indian Penal Code (IPC).
The order issued the order in response to an application filed under Section 482 of the Criminal Procedure Code (CrPC) seeking the revocation of the charge sheet and cognizance/summoning order issued in 2020, as well as the entire proceedings against the applicant in a case registered under Sections 419, 420, 376, 504, 506 of the IPC. HC on Rape Allegation After Consensual Sex: Woman Cannot Allege Sexual Assault After Being in Physical Relationship Willingly for Six Years, Says Karnataka High Court.
According to the FIR in the case, the victim and the accused met during a relative's wedding. Following that, the two established a love affair. The victim's family was supportive of the relationship. Even the victim's family arranged for the accused to be deported to Saudi Arabia. When the accused returned and the victim's relatives begged him to marry her, he declined. As a result, the victim claimed that the accused engaged in physical intercourse with her without her will from 2008 until 2018. HC on Rape Charges: 'Relationship Appeared Consensual, Woman Was in Contact With Man Despite Having Knowledge of His Marriage', Says Bombay High Court While Granting Anticipatory Bail To Rape Accused.
The accused denied the alllegations, claiming that the case was a blatant abuse of the legal system because no offence as stated against the accused could be proven.
(The above story first appeared on LatestLY on Sep 20, 2023 03:45 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).