'Sex Was Consensual': Madhya Pradesh High Court Orders Dropping of Rape Charges Against Married Man
The court also stated that the 'consensual sex' did not include any assurance of marriage on behalf of the accused as both of them were already married. The petitioner identified as Kunal Harish Wasnik, a resident of Maharashtra's Wardha said that he met the woman during a marriage function. Later, the two started talking on phone as well.
Mumbai, December 3: In what can be seen as an important decision, the Madhya Pradesh High Court recently quashed an FIR against a man who has been accused of rape. The High Court quashed the complaint of a teacher who had accused a man of raping her on pretext of marriage.
According to a report in the Times of India, the woman, a 37-year-old married teacher had lodged a rape case against a man, stating that he raped her on pretext of marriage. While ordering that charges of rape against the accused must be dropped, the court observed that the woman had consensual sex with the accused. Sexual Relationship on Pretext of Marriage: Supreme Court Grants Anticipatory Bail to Rape Accused.
The court also stated that the 'consensual sex' did not include any assurance of marriage on behalf of the accused as both of them were already married. The petitioner identified as Kunal Harish Wasnik, a resident of Maharashtra's Wardha said that he met the woman during a marriage function. Later, the two started talking on phone as well.
The man also said that the two met at her place on May 31 while her family was away for a function in Umaria. He said that the two had sex and the woman also had given her consent for the same. He told the court that there was no way he could assure her of marriage as the two were already married. Madhya Pradesh Shocker: Woman Threatened, Raped by 'Rakhi Brother' in Bhopal; Case Registered.
However, the woman filed a complaint against the man at Chhindwara Mahila police station. In her complaint, the woman accused the man of raping her on pretext of marriage. Citing Supreme Court rulings and other high courts ruling, the Madhya Pradesh High Court bench of Justice Sujoy Paul said that the situation suggests that the sex between the accused and the complainant was consensual.
(The above story first appeared on LatestLY on Dec 03, 2022 09:35 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).