The Supreme Court on Friday said physical intimacy during 'good times' cannot be branded as rape later just because the relationship turned 'sour'. The Bench made these observations after hearing the plea against the prosecution in a relationship matter and expressed serious concern over the trend where failed love affairs are converted into criminal cases of rape.
"Consensual physical relationship continued for months or years between two adults cannot be given colour of rape after break-up. When two educated adults understand consequences and voluntarily enter into a physical relationship, the same cannot be termed rape merely because the relationship did not end in marriage," the Court observed.
The bench also clarified that criminal law cannot be used to settle scores after a love affair fails. Filing a rape case after a breakup abuses the process and damages the accused irreparably, it said.
The apex court thereby stressed that if a man never intended to marry from the start and made a false promise only to get consent for sex, then rape may be made out. But if a man genuinely intended to marry earlier and later backed out due to circumstances, family pressure, differences, then it is breach of promise, a civil wrong, not rape, it said.
The bench said that the trial courts must examine whether a woman was in a position to understand the nature of the relationship, whether the relationship was consensual, and whether there was deception from inception.
"The Police must not mechanically register rape FIRs in breakup cases without preliminary inquiry," the court said.
"The rising trend is disturbing and dilutes the seriousness of genuine rape cases where the victim is brutally assaulted by a stranger or known person without consent. Genuine rape cases require stringent punishment, but false cases filed after a relationship fails undermine faith in the law," the court added.