KOCHI: The High Court has dismissed a case against a married man who was accused of raping a married woman. The court determined that the woman, who was fully aware that the accused was also married, had engaged in a consensual sexual relationship with him on multiple occasions, including staying together in a hotel room. Therefore, the court concluded that the accused cannot be considered guilty of committing rape under Section 375 of the Indian Penal Code.
The decision was based on a petition filed by the accused, who sought to have the case dismissed on the grounds that the parties involved had resolved their disputes and did not wish to proceed with the prosecution. The petitioner argued that the alleged incidents of sexual relations were consensual, and therefore, they did not fulfil the necessary elements of the offence.
According to the victim, she was in love with the petitioner, who worked on a ship. The petitioner is also married and has a child. The court emphasized that there is a clear distinction between “rape” and “consensual sex.”
In some cases, a woman may agree to engage in sexual intercourse out of love and passion for the accused, rather than solely due to misrepresentation or unforeseen circumstances preventing marriage, despite the accused’s intentions.
The court concluded that the case against the petitioner should be quashed and continuing with the prosecution would amount to an abuse of the court’s process.