Consensual adulterous relationship not rape: Allahabad HC

The high court also held that a promise of marriage does not automatically render consensual intercourse rape unless it is proven that such a promise was false from the outset

While quashing criminal proceedings against a man who had been accused of raping a woman on the pretext of a promise to marry her, the Allahabad high court has observed that a long-standing consensual adulterous relationship without any element of deception from its inception would not amount to rape.

In her FIR, a woman had alleged that the petitioner had established physical relationship with her under the pretext of marriage after the death of her husband. (For Representation)

The high court also held that a promise of marriage does not automatically render consensual intercourse rape unless it is proven that such a promise was false from the outset.

“Each and every promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the beginning of such relationship,” the court said.

“Unless it is alleged that from the very beginning of such relationship there was some element of cheating on the part of the accused while making such promise, it would not be treated as a false promise of marriage,” the court observed.

Allowing a petition filed by one Shrey Gupta, Justice Anish Kumar Gupta quashed the criminal proceedings against the petitioner pending before a court in Moradabad. The petitioner was booked for rape on a complaint by a woman.

In her FIR lodged at Mahila Thana at Moradabad, the woman had alleged that the petitioner had established physical relationship with her under the pretext of marriage after the death of her husband. Based on her allegations, the trial court took cognizance of charge sheet dated August 9, 2018 filed against the petitioner under section 376 (rape) and section 386 (extortion) of the Indian Penal Code.

However, the accused moved the high court seeking to quash the charge sheet and the entire criminal proceedings. He argued that the relationship had been consensual throughout and that the charges of rape and extortion were baseless.

In this backdrop, the court reviewed the facts and observed that the complainant, who is a widow, and the accused had maintained a consensual physical relationship for nearly 12-13 years even when the complainant’s husband was alive.

The court noted that the complainant-woman exerted undue influence over the petitioner who was much younger to her and was an employee in her late husband’s business.

The court also examined the legal definition of rape which emphasises that for an act to constitute rape, the woman’s consent must be obtained through coercion, threats or under a misconception of fact.

Accordingly, the court in its decision dated October 1 quashed the criminal proceedings against Shrey Gupta, holding that the allegations did not meet the legal standards required for charges of rape or extortion.