The Karnataka High Court in its order dated February 28, 2023 quashed charges of rape against a man, who was booked on a complaint made by the victim, after he refused to marry her. The alleged accused and alleged victim were in a consensual relationship for over five years.
While quashing the rape charges, a single judge bench of Justice M Nagaprasanna said:
The consent in the case at hand is not once, twice or thrice; not for days or months; but for several years, five years precisely, as is narrated in the complaint as the two were in love. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for having such instances, all along against her will.
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Case:
According to the complainant woman, she got acquainted with the alleged accused, which turned into a mutual relationship that involved sexual intercourse. However, the woman alleged that the accused man repeatedly had sexual relationship with her on pretext of marriage, which was breached later. The woman contended that her consent was obtained by inducement on false promise of marriage.
Subsequently, she registered a case of rape against her ‘boyfriend’ and investigation commenced.
Submission by Petitioner (Accused)
The petitioner submitted that he and the complainant were in love, wanted to get married, however, due to caste differences, the marriage could not take place. The accused also suggested that he had made several efforts to get married, however, the same could not be worked out.
The petitioner submitted that only when he refused taking the relationship further, the complainant turned around, branded their relationship to be on the false pretext of marriage and alleged that he had sexual intercourse on that pretext and, therefore, it amounts to rape. He argued:
It would not amount to rape by any stretch of imagination as it was consensual.
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The plea was opposed by the complainant claiming that if consent is obtained by false promise or false pretext that the accused would marry the complainant, it would amount to rape, as consent is not given by free will.
Karnataka High Court
Going through material facts on record, the bench noted that the complainant and the accused were in love for 5-years and also they had known each other for 12-years. The Court thus remarked,
It is the length of the relationship and the acts in such a period of such relationship between the two that takes away the rigor of ingredients of Section 375 of the IPC, for it to become an offence under Section 376 of the IPC.
Adding further, Justice M Nagaprasanna said,
The narration in the complaint and the statement under Section 164 of the Cr.P.C., if read in juxtaposition, what would unmistakably emerge is, the petitioner and the complainant were in love and have had intercourse on several occasions for years.
The statement clearly records that the petitioner had made hectic efforts to get married to the complainant. The family of both the petitioner and the complainant were known to each other. Talks of marriage did take place, but failed.
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Can Consent On False Promise Continue For 5-Years?
The High Court also addressed whether a woman can charge her former partner of rape, after she has consented to sexual relations for nearly 5-years. The Court said,
Though the complaint and the statement narrates that the petitioner has had sexual intercourse with the complainant, initially forcibly, but the said force cannot be seen to continue for five long years.
The narration would clearly indicate that the relationship was consensual.
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It added:
If it is consensual, it cannot be alleged that it would become an ingredient of rape under Section 375 of the IPC, for it to become punishable under Section 376 of the IPC.
Referring to the Kerala High Court judgment in the case of Ramachandra Vs State of Kerala, the bench said,
For five long years, it cannot be said that the consent of a woman has been taken for having such instances, all along against her will.
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Consent For Sex On Promise To Marry?
Rejecting the contention of the complainant that the consent of the petitioner is obtained on the false promise of marriage and therefore, it should be termed as a rape, the bench said,
The submission is unacceptable, as the consent of a woman on a promise to marry is always an enigma.
Quashing charges levelled under sections 376, 376(2)(n), 354, 406 and 504 of the Indian Penal Code, the court said:
This Court has to step in exercise its jurisdiction under Section 482 of the Cr.P.C., to obliterate the crime registered against the petitioner for the offence of rape under Section 376 of the IPC, failing which, it would become an abuse of the process of law.
However, the case was partly allowed where the court sustained the charges against the accused under sections 323 and 506 r/w 34 of the IPC.
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