The Karnataka High Court has held that a consensual sexual relationship for five years can't amount to rape just because it did not culminate in a marriage. The court's observation came while hearing the case of a man who was accused of rape by his estranged girlfriend of five years.
Justice M Nagaprasanna noted that the accused and the complainant were in love and had sexual intercourse several times over a period of five years. The judge also noted that the relationship was consensual and "there was no force as alleged while maintaining the physical relations."
"The consent in the case at hand is not once, twice or thrice; not for days or months; but for several years, five years precisely, as is narrated in the complaint as the two were in love. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for having such instances, all along against her will," said the bench while overruling the rape charges.
According to the accused, he and the complainant were initially friends and their relationship developed into a love affair. They were in love for five years and maintained physical relations but couldn't get married because of their caste differences.
The accused had been booked for rape on the basis of a complaint filed by his estranged partner. The victim, in her complaint, claimed that she had consented to a sexual relationship on the pretext of marriage and that it amounted to rape.
Although she said that the accused initially had forcible intercourse with her, the judge turned it down highlighting that this sexual relationship continued for five long years and therefore, can't be termed as non-consensual. The court noted that the sexual relationship between the parties is consensual and "it cannot be alleged that it would become an ingredient of rape under IPC Section 375, for it to become punishable under Section 376."
The court further added that it is the length of the relationship and acts during such period between the two parties that take away the rigour of ingredients of Section 375.
Keeping these observations in mind, the bench quashed the chargesheet and the criminal proceedings initiated against the man.