5-year consensual relationship can't constitute rape, says Allahabad HC
What's the story
The Allahabad High Court has ruled that a long-term consensual relationship between two adults, which went on for nearly five years, cannot be classified as rape just because a promise to marry was not fulfilled. The ruling was delivered by Justice Vivek Kumar Singh while hearing a petition filed by Sanjay Saroj alias Sanjay Kumar. The court quashed all proceedings against the accused under charges including rape, observing that no offense was prima facie made out against him.
Relationship scrutiny
Accused can't be held guilty of rape: Court
The court examined the arguments and evidence presented in the case, noting that the relationship was consensual. It said, "If the complainant had given full consent to establish sexual relations with the accused, then the accused cannot be held guilty of rape." The court also observed that an FIR was filed after the complainant was upset with what it called "the applicant's conduct."
Marriage implications
Complainant married accused after filing FIR
The court noted that the complainant married the accused after filing the FIR, which indicated that she may have filed it to pressure him into marriage. It held that continuing criminal proceedings would amount to a gross abuse of judicial process and quashed all proceedings pending before the Prayagraj trial court against Saroj. The case originated from an FIR lodged at Colonelganj police station in Prayagraj in 2019 under various sections of the IPC, including rape and assault.
Case details
What is the case about?
The complainant alleged that the accused had physical relations with her on a false promise of marriage. She also claimed he assaulted and threatened her when she raised the issue of marriage. During the investigation, she admitted to a symbolic marriage ceremony and alleged blackmail by the accused through an objectionable video. However, no injuries were found during a medical examination.
Legal precedents
Court refers to several SC judgments
The court referred to several Supreme Court judgments to clarify that a rape case is made out only when it is proved that the promise of marriage was false from the outset and consent was obtained on that basis. It observed that the relationship continued for nearly five years, and it was difficult to accept that consent was given each time only because of a promise of marriage.