Not rape if relationship is consensual and for a prolonged period, says HC

The Madras High Court quashed the rape conviction of a 26-year-old man by highlighting a consensual relationship with the woman. Justice Sunder Mohan noted the relationship became sour over time, and the woman's consent was not solely based on a marriage promise. The case's delayed complaint reduced its significance, leading to the acquittal.

CHENNAI: Pointing to a consensual sexual relationship between two adults for a prolonged period, the Madras HC ruled that it would be unfair to convict the man for "rape on false promise of marriage ". Justice Sunder Mohan, quashing conviction of a 26-year-old man held guilty by a mahila court in Villupuram in 2022, said: "Evidence only reveals a consensual relationship for a prolonged period that turned sour, and hence the offence under IPC Sections 376 and 417 is not made out on the facts of the case." The woman, who was 24-year-old at the time of the alleged crime, might have been aware of the consequences of her actions, said Justice Mohan, adding, "It cannot be said that her consent was only based on the false promise of marriage.

The victim was not naive or gullible." "Further, the complaint that the appellant committed sexual intercourse on the false promise of marriage was made for the first time 25 months after the alleged occurrence. In this case, the delay would certainly assume significance," the judge said.

The court added that the evidence of other witnesses at best revealed that the appellant and the victim had a close relationship and, therefore, those witnesses would be of no avail to the prosecution to establish the alleged false promise or that consent was based on the alleged false promise. The high court then set aside the conviction and sentence imposed by the Villupuram mahila court dated Dec 9, 2022..