New Delhi, Oct. 30: The Supreme Court has observed that a consensual relationship cannot automatically be treated as rape merely because differences develop between the partners or the relationship eventually breaks down.
A bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan made the observations while hearing a case involving allegations of rape, cheating and breach of trust against a man from Kerala.
The court expressed concern over the tendency to initiate criminal proceedings following failed relationships. It stressed the need to distinguish between allegations of rape and cheating, noting that the circumstances and consent involved in each case must be examined.
Supreme Court on Rape Allegations After Failed Relationships
The bench observed that intimacy between two people during a mutually consensual relationship cannot automatically be classified as rape simply because the relationship later ends.
It also cautioned against using criminal proceedings in a manner that could unfairly deprive a person of their freedom and dignity. The court emphasised the importance of examining the facts and circumstances before treating a failed relationship as a criminal offence.
Case Involves Allegations of Concealing Previous Marriage
According to the case details, the woman alleged that the man married her while concealing the fact that he had been previously married.
She said she decided to divorce him after discovering the alleged concealment. The man was subsequently booked on charges of rape, cheating and breach of trust.
The Supreme Court made its observations while hearing the matter. The remarks underline the need to distinguish allegations arising from deception in marriage from claims of sexual assault, based on the specific facts and evidence in each case.
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