HC: Breakdown of Consensual Sexual Relationship can't end up in a Rape FIR,

 

The Andhra Pradesh High Court has reiterated that woman who have consenual relationships, cannot file Rape FIRs if it sours.

In this view, the single-judge bench of Justice Ravi Cheemalapati while allowing bail petition of the accused, observed that when the complainant is willingly stayed and had relationship, if the relationship is not working out, the same cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) of IPC.

The petition was filed under Sections 437 & 439 for seeking regular bail in offences punishable under Sections 376 (2)(N), 417, 420, 323, 384, 506 read with 109 IPC. 

It was the case of the prosecution that the de facto complainant gave a complaint stating that she was having acquaintance with the petitioner herein since 16 months and the said acquaintance became love between her and the petitioner. She alleged that the petitioner, on the pretext of love and marriage took her to his residence with the consent of his parents and exploited her sexually.

She also alleged that they might caused her miscarriage.  

Counsel for the petitioner contended that the allegations in the FIR are vague and bald and prima facie does not constitute any offence much less the offences alleged in the FIR.

He contended that when the parents of the petitioner-accused did not agree for the marriage, the de facto complainant foisted this false case.

The Court was of the view that record shows that there was a consent between the de facto complainant and the petitioner and it was also prima facie evident that when the de facto complainant felt that the relationship between her and the petitioner is not going to work out, she filed the present complaint.

It mentioned that the case of Ansaar Mohammad v. The State of Rajasthan cited by the petitioner will be squarely applicable to the facts of the present case.

The Court thus observed that complaint was lodged when the relationship between the de facto complainant and the petitioner was not working out and therefore he is inclined to bail.

It also clarified that it is not, in any manner, limiting or restricting the rights of the Police or the Investigating Agency from further investigation as per law.

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(With input from news agency language)

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