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
In quashing the FIRS proceedings brought by the women's police station in Davanagere and the Indiranagar police in Bengaluru against the petitioner in 2021, Justice M Nagaprasanna stated, "They were consensual acts from Day 1 and remained so until December 27, 2019."
Bengaluru, August 9: The Karnataka High Court dismissed two criminal proceedings brought by a woman against a Bengaluru man, alleging violation of the promise of marriage following a six-year relationship, seeing it as a textbook example of exploitation of the legal system. The petitioner and complainant have been in a consensual physical/sexual relationship for six years after meeting on a social networking site, not one, two, three, four, or five. This detail is even described in the complaint, the court remarked in the matter.
According to a further complaint, the two became less intimate starting December 2019. Fading away of the intimacy after 6 years of voluntary acts of sexual intercourse cannot entail that it would comprise components of rape, the court stated. Karnataka High Court Quashes Rape Charges Against Man Levelled by Former Lover, Says ‘Consensual Sex For Five Years Can’t be Against Her Will’.
In quashing the FIRS proceedings brought by the women's police station in Davanagere and the Indiranagar police in Bengaluru against the petitioner in 2021, Justice M Nagaprasanna stated, "They were consensual acts from Day 1 and remained so until December 27, 2019." The court stated it cannot help but be inferred that the sexual connection would not qualify as rape for it to be criminal under section 376 of the IPC because it lasted six long years.
The court cited the Supreme Court decision in the Pramod Suryabhan Pawar v. State of Maharashtra case and a few other decisions while stating that if further proceedings were allowed to proceed, it would be in violation of a multitude of judgements the Supreme Court has given on the subject. HC on Consensual Sex With Minor: If Victim Gave Consent, Sexual Act Cannot Be Termed Rape, Says Orissa High Court; Acquits Man in Sexual Assault Case.
The petitioner added the complaint as a Facebook friend in 2013. She said that since he lived close by, she was regularly invited to his home on the pretence that he was an excellent cook. He used to prepare delicious dinners every time she went to see him, and they would have sex after drinking beer. After having a sexual relationship with her for almost six years under the promise of marriage, the petitioner broke his vow to marry her.
(The above story first appeared on LatestLY on Aug 09, 2023 09:00 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).