Consensual physical relation not rape: HC

Consensual physical relation not rape: HC 

Rajesh Kumar Pandey TNN 15.10.2024

Prayagraj : Quashing criminal proceedings against a man accused of raping a woman on promise of marriage, Allahabad high court has held that a long-standing consensual adulterous physical relationship without any element of deception from inception would not amount to rape within the meaning of IPC Section 375, which defines rape as sexual intercourse with a woman against her will, without her consent.

 “Unless it is alleged that from the very beginning of such a relationship there was some element of cheating on the part of the accused while making such a promise, it would not be treated as a false promise of marriage,” the court observed. The petitioner was booked for rape on a woman alleging that the petitioner established a physical relationship with her under the pretext of marriage after the death of her husband. She claimed that Gupta repeatedly promised to marry her but later got engaged to another woman. She also alleged that Gupta threatened that he would circulate objectionable videos of her if she did not give him Rs 50 lakh.