Long-Term Consensual Adulterous Relationship Doesn’t Qualify as Rape: Allahabad High Court
The Allahabad High Court has ruled that a long-standing consensual adulterous relationship cannot be considered rape under Section 375 of the Indian Penal Code (IPC), provided there was no deception from the start.
Justice Anish Kumar Gupta’s ruling: The Court emphasized that for a consensual physical relationship to be considered rape, there must be a false promise of marriage or other deceit involved. A broken promise of marriage alone does not automatically make consensual sex a crime, unless it is proven that the promise was false from the beginning.
Justice Gupta stated, “Not every promise of marriage is considered a misconception of fact for consensual intercourse unless it is shown that the promise was false from the start of the relationship.”
The case involved Shrey Gupta, who faced criminal proceedings for rape based on a complaint from a widow. She alleged that Gupta entered into a physical relationship with her under the pretense of marriage, but later engaged another woman and demanded ₹50 lakh to prevent the release of an intimate video.
Reviewing the case, the Court found that the relationship between Gupta and the complainant lasted 12-13 years, even during the time her husband was alive. The Court observed that the relationship was consensual throughout and that the complainant had undue influence over the much younger Gupta, who worked for her late husband’s business.
The judgment further analyzed the legal definition of rape under Section 375 of the IPC, which states that for an act to be considered rape, the woman’s consent must be obtained through force, threats, or deception. In this case, the Court concluded that there was no coercion or false promise, and hence the charges of rape were dismissed.
Regarding the extortion claim under Section 386 IPC, the complainant accused Gupta of demanding ₹50 lakh to avoid releasing private videos. The Court, however, found inconsistencies in her testimony and evidence, leading it to dismiss the extortion charges as well.
Referring to a Supreme Court judgment in a similar case, the Court reiterated that not every broken promise of marriage qualifies as a false promise and does not necessarily lead to rape charges.
Based on these findings, the Court quashed the criminal proceedings against Gupta, stating that the allegations failed to meet the legal requirements for both rape and extortion under the IPC.
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