Consensual Sex Preceding Failed Marriage Proposal Not Rape: Orissa High Court

Cuttack: The Orissa High Court has delivered a significant verdict stating that consensual sex preceding a failed marriage proposal should not be considered rape. The court made this observation while addressing a petition challenging the legality of criminal proceedings in a case where a seven-year relationship had ended sourly.

Justice R.K. Pattanaik highlighted the distinction between a genuine breach of promise and a false promise of marriage. In the former case, sexual intimacy does not constitute an offence under Section 376 IPC (sexual assault), whereas in the latter case, it does, as the promise of marriage was deceitful from the beginning.

The court emphasized that a sour relationship, which initially developed from a genuine friendship, should not automatically lead to accusations of mistrust and mischief, labelling the male partner as a rapist.

Based on the evidence provided, including the FIR, it was determined that there was no genuine promise made by the accused with the intention of inducing the partner’s consent for a sexual relationship. Therefore, the court concluded that the accused’s actions were not in bad faith and did not qualify as an offence under Section 376 IPC.

In this particular case, the woman involved had entered into a relationship with the petitioner while still legally married. Although the petitioner initially expressed interest in marrying her, the promise was eventually broken due to certain reasons, even though the woman was not ready for marriage at that time.

The court took into account that both parties were educated and well aware of the consequences of their actions. Considering the nature of the relationship and the understanding between the parties, it was deemed unjustifiable to accuse the petitioner of rape.