The Allahabad High Court has ruled that a consensual adulterous relationship, if free from deception from the beginning, does not constitute rape under Section 375 of the Indian Penal Code (IPC).
This decision came as the court dismissed criminal proceedings against a man from Moradabad accused of raping a woman under the pretext of marriage.
The court clarified that a consensual relationship, based on a promise of marriage, does not automatically amount to rape unless it is proven that the promise was false from the outset.
The court highlighted that unless it can be demonstrated that there was an element of fraud or cheating from the start, such promises should not be treated as deceptive.
Admittedly, the applicant is much younger in age to the prosecutrix and was an employee in the business of the husband of the prosecutrix. Thus, she was having undue influence over the applicant, whereby she had forced the applicant into physical relations with her,” the Court said
Justice Anish Kumar Gupta, hearing the petition filed by Shrey Gupta, quashed the rape and extortion charges against him.
The woman had accused Gupta of engaging in a relationship with her after her husband’s death, claiming he promised to marry her but later became engaged to another woman.
She also accused him of extortion, stating that he demanded ₹50 lakh to prevent the release of a video of their intimate moments.
The court pointed out that the complainant, who had been in a consensual relationship with the petitioner for over a decade, had significant influence over him, especially as he worked in her late husband’s business.
Citing a Supreme Court ruling, the court noted that not every broken promise of marriage can be treated as a false promise leading to charges of rape under Section 376 of the IPC.
Accordingly, the charges against Gupta were dismissed.
Comments