Bengaluru, March 13: The Karnataka High Court recently acquitted a person on criminal charges initiated against him by the 53rd city civil and sessions court after his partner accused him of rape and criminal breach of trust after five years of sexual relationship that she admitted consenting to because of his promise to marry her, but he later walked out on her. Justice M Nagaprasanna ruled that consensual sex for five years can’t be against the will of the woman and is not rape.

According to a report in TOI, the man said in court that he and the complainant were in love for five years and wanted to get married, but they couldn’t because of caste differences. Earlier, the woman had filed criminal charges against the man, alleging that he had sex with her on several occasions on pretext of marriage and that amounted to rape. Minor Girl Allowed To Terminate Pregnancy by Delhi High Court Even As Her Father Fails To Complete Consent Formalities.

The judge in his verdict said that the consent in the case is "not once, twice or thrice or for days or months; but for several years, five years precisely". Therefore, it cannot be said the consent of a woman was taken for five long years against her will. It is the length of the relationship and the acts in such period of such relationship between the two that takes away the rigour of ingredients of Section 375 of the IPC, for it to become an offence under Section 376.”  Supreme Court Directs Authorities To Remove Mosque Inside Allahabad High Court Complex Within Three Months.

The judge further noted that mere financial transactions between the accused and the complainant would not become an ingredient of criminal breach of trust under Section 406 of IPC.

(The above story first appeared on LatestLY on Mar 13, 2023 03:18 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).