Consensual sex of live-in companions no longer rape if man fails to marry: Supreme Courtroom – Times of India

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NEW DELHI: The Supreme Courtroom has held that rape price can no longer be invoked in case of consensual sex between live-in companions after relationship ends and the man fails to marry her consequently of conditions past his abet an eye on.

A bench of justices AK Sikri and S Abdul Nazeer said that when live-in companions live collectively out of treasure and having consensual sex below the promise of marriage them the girl can no longer be allowed to provoke prison proceedings for rape in case of wreck down of relationship with out tying the knot. It said that such cases would possibly presumably presumably additionally be termed as a case of breach of promise to marry in residence of a case of false promise to marry.

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“There is a transparent distinction between rape and consensual sex. The court, in such cases, must very fastidiously explore whether the accused had if truth be told wanted to marry the victim or had mala fide motives and had made a false promise to this carry out handiest to fulfill his lust, as the latter falls all the plot in which via the ambit of dishonest or deception. There is also a distinction between mere breach of a promise and no longer gratifying a false promise. If the accused has no longer made the promise with the sole arrangement to seduce the prosecutrix to enjoy sexual acts, such an act would no longer quantity to rape,” the court said.

“There can be a case the set the prosecutrix is of the same opinion to love sexual task on yarn of her treasure and passion for the accused and no longer completely on yarn of the misconception created by accused, or the set an accused, on yarn of conditions which he would possibly presumably presumably additionally no longer like foreseen or which were past his abet an eye on, modified into unable to marry her in spite of getting each arrangement to scheme. Such cases must be handled in a different way,” it said.

The bench passed the deliver while quashing prison proceedings against a authorities physician in Maharashtra against whom a FIR modified into lodged by a nurse working below him. She alleged in her criticism that she modified into in a live-in relationship after falling in treasure with him and indulged in a physical relationship as he promised to marry her. She lodged the case after the physician married one other girl.

The physician approached the apex court after his plea to quash FIR against him modified into rejected by Bombay high court.

The bench, after inspecting the criticism filed by her, got here to the conclusion that the case of rape is now not any longer made out against him. The court well-known that the girl had herself admitted that she had fallen in treasure with him and she began living collectively as she wanted a partner as she modified into a widow.

“They were in a relationship with one one more for reasonably some time and enjoyed one one more’s company. It is usually sure that they had been living as such for reasonably some time collectively. When she got here to know that the appellant had married every other girl, she lodged the criticism. It is no longer her case that he has forcibly raped her. She had taken a conscious decision after active application of mind to the things that had came about. It is no longer a case of a passive submission within the face of any psychological stress exerted and there modified into a tacit consent and the tacit consent given by her modified into no longer the cease outcomes of a misconception created in her mind. We are of the gape that, although the allegations made within the criticism are taken at their face price and common in of their entirety, they scheme no longer make out a case against the appellant,” the bench said.

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