Long-term consensual relationship and broken promise of marriage doesn’t amount to rape: High Court

Nainital (The Uttam Hindu): In a significant ruling, the Uttarakhand High Court has clarified that a broken promise of marriage after prolonged consensual sexual intercourse cannot be considered rape. The court clarified that when two adults are in a consensual relationship, a rape case under Section 376 of the Indian Penal Code can only be made if it is convincingly proven that the promise of marriage was completely false from the beginning.

This entire matter is related to a woman from Mussoorie

According to an India Today report, this entire legal dispute involves a woman from Mussoorie. She had accused a man named Suraj Bora of having physical relations with her under the false promise of marriage. She claimed that Suraj had promised to marry her within 45 days, but later reneged on his promise. Based on this complaint, the police completed the investigation and filed a charge sheet against the accused. Suraj Bora challenged this charge sheet and the ongoing criminal proceedings against him in the High Court.

Arguments of the defense and prosecution in court

During the hearing, the defense strongly argued that both parties were adults and had been in a consensual relationship for a long time. The FIR contained no evidence to prove that the accused had intended to defraud at the outset of the relationship. The defense lawyer described it as merely a "failed relationship" and argued that pursuing a criminal case for it was an abuse of the legal process. On the other hand, the state government and the victim's lawyers strongly opposed this. They argued that the woman's consent was based solely on the promise of marriage. They also argued that whether the promise was false from the outset could only be determined based on the evidence presented during the trial, and therefore, the case should not be dismissed.

Relationship not converted into marriage is not illegal: Justice Nathani

Justice Ashish Naithani, after thoroughly hearing the arguments of both parties and the case, made his important observations. He clarified that the consent given by an adult woman does not become invalid or illegal simply because the relationship ultimately did not lead to marriage. The court stated that a crime under Section 376 would only be considered a crime if it is proven that the promise of marriage was merely a means to obtain consent for sexual intercourse and that the accused had no intention of marrying from the outset.

The High Court quashed the charge sheet and criminal proceedings

After examining the facts of the case, the High Court found that the parties had been in a long-standing relationship and had engaged in sexual intercourse on multiple occasions. According to the court, this situation clearly pointed to mutual consent rather than fraud from the outset. The court determined that continuing criminal proceedings without any solid basis would be unnecessarily harassing the accused. On this basis, the High Court completely quashed the criminal case pending in the Dehradun Chief Judicial Magistrate's court and the charge sheet filed against Suraj Bora on July 22, 2023.