The Allahabad High Court recently ruled that a long-standing consensual adulterous relationship between adults, without deception from the beginning, does not amount to rape under Section 375 of the Indian Penal Code (IPC).
Justice Anish Kumar Gupta emphasized that consensual sexual relationships based on a promise of marriage do not automatically qualify as rape unless it is proven that the promise was false from the outset. He stated, “Not every promise of marriage can be considered a misconception of fact for consensual intercourse unless it is established that the promise was false from the start.”
The court made this observation while quashing criminal proceedings against Shrey Gupta, who was accused of rape by a widow. The widow claimed that Gupta had a physical relationship with her under the false promise of marriage after her husband’s death. She alleged that Gupta later broke the promise and became engaged to another woman. Additionally, she accused him of extortion, claiming that he demanded ₹50 lakh to prevent the release of a video showing their intimate moments.
Gupta, in his defense, filed a petition under Section 482 of the CrPC, arguing that the relationship had been consensual for over 12-13 years, even while the complainant’s husband was alive. He maintained that the charges of rape and extortion were unfounded.
The High Court reviewed the evidence and observed that the relationship was consensual, and the complainant exerted undue influence over Gupta, who was younger and worked as an employee in her late husband’s business.
The court referred to the legal definition of rape under Section 375 IPC, explaining that for rape to be established, the woman’s consent must be obtained through coercion, threats, or deception. The court noted that in this case, the consent was given voluntarily and not under any form of misconception or fear.
The court also dismissed the extortion allegations, finding inconsistencies in the complainant’s testimony and evidence. Citing the Supreme Court’s ruling in Naim Ahamed v. State of Haryana, the court reiterated that not every breach of a promise to marry constitutes a false promise, and prosecuting a person for rape in such cases would be unjust.
As a result, the Allahabad High Court quashed the criminal proceedings against Shrey Gupta, holding that the allegations of rape and extortion did not meet the legal standards required for these charges.
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