All physical relations made by consent cannot be called rape: High Court

All physical relations made by consent cannot be called rape: High Court

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All physical relations made by consent cannot be called rape: High Court

New Delhi: The Delhi High Court has made important remarks while hearing a case. The court has said that if the girl maintains a long-standing consensual relationship on the promise of marriage, it cannot always be called a rape.

The court said this while dismissing the petition of a woman. The woman had charged a man with rape. According to the allegations, the man had a relationship with the woman for several months.

Justice Vibhu Bakhru said that if someone is seduced once by making false promise of marriage with someone, then it can be a crime. The court said, “In some cases marriage is promised only for a physical relationship while the other party does not consent to it.” Only in cases where forced sexual relations are made without consent by making false promises of marriage, there is a case of rape under section 375 of the Indian Penal Code.

According to an English newspaper report, the court further said that where such relationships go on for a long time, it cannot be kept in the category of rape like this.

With this, the High Court, while continuing the decision of a trial court, freed the person from the charges of rape. The court was hearing the woman’s plea that the man had betrayed her and made many connections with the false promise of marriage. The woman also alleged that the man left her for another woman.

The High Court said that it is clear that the woman had sexual relations with the person as per her wish. This shows that the woman also had a desire for him. The High Court also agreed with the trial court that consent to have sexual relations with the woman was not obtained by promising marriage, but later the marriage was discussed.

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