Mumbai: In a landmark judgment, the Karnataka High Court has ruled that consensual sex within a relationship cannot be classified as rape if the relationship ends, regardless of whether it was under the pretext of marriage or not. The ruling was delivered by Justice M Nagaprasanna while hearing a petition from a man accused of rape and cheating.
Case Background
The case involved a man and a woman who were in a physical relationship for six years after meeting in 2012. In July 2018, the woman filed a complaint under sections related to rape and cheating, alleging that the man avoided her calls and became engaged to another woman. The man’s counsel argued that the relationship was consensual and not based on a promise of marriage.
Court’s Observation
Justice M Nagaprasanna, delivering the judgment, stated that the consensual nature of the relationship precluded it from being classified as rape under Section 375 of the Indian Penal Code (IPC). The court noted, “It is an admitted fact that the petitioner and the complainant have had a physical relationship for six years. In the considered view of this court, such a relationship would not amount to rape as defined under Section 375 of the IPC as it is the case of the complainant herself that they were in love, and if they were in love, every act in the six years period cannot but be termed to be consensual.”
Key Judgment Points
Justice Nagaprasanna further stated, “Merely because love wanes away by efflux of time, it would not mean that all consensual acts done between the two could be dubbed as rape.” The bench observed that the accusation of rape was unfounded and quashed the case against the man.
Implications of the Judgment
This ruling underscores the importance of distinguishing between consensual relationships and accusations of rape, emphasizing that consensual acts within a relationship, even if it ends, cannot retroactively be considered rape. The judgment is seen as a significant step in clarifying the legal interpretations of consensual relationships and promises of marriage.
The Karnataka High Court’s decision is expected to have far-reaching implications on similar cases in the future, providing a clearer legal framework for determining the nature of consensual relationships.
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