‘She Was an Equal Participant in the S*xual Relationship’: Thane Court Says Consensual Relationship Over 2 Years Not Rape; Acquits Man
A Thane sessions court has acquitted a 33-year-old man of rape and cheating charges, ruling that a consensual two-year relationship does not constitute an offense even if a promise of marriage is broken. The judge found no evidence of fraudulent intent from the start and noted that the woman was an equal participant in the relationship.
A sessions court in Thane has acquitted a 33-year-old man of rape and cheating charges, ruling that a consensual, long-term s*xual relationship cannot be classified as rape even if a promise of marriage is eventually broken. The court emphasised that for such a case to constitute an offence, there must be evidence that the accused intended to deceive the complainant from the very beginning of the relationship.
The Allegations and Legal Proceedings
The accused, Shahbaz Mohammad Salim Khan, a resident of Mumbra, was charged under the Indian Penal Code (IPC) following a complaint by a former colleague. The prosecution alleged that Khan befriended the woman, a divorcee and mother of two, while they worked together at a Thane mall. Maharashtra Shocker: Child Electrocuted in Thane’s Wagle Estate, Locals Allege Negligence Over Exposed Electric Cables.
According to the complaint, Khan established a s*xual relationship with the woman between 2016 and 2018 by promising to marry her. The prosecution further claimed that Khan later reneged on this promise and resorted to criminal intimidation.
Court Findings on Consent and Intent
In her ruling dated May 2, Additional Sessions Judge Ruby U. Malvankar cleared Khan of all charges, citing a lack of evidence regarding fraudulent intent or "mala fide" motives. The court noted that the two-year duration of the relationship pointed toward mutual participation rather than exploitation. "A relationship spanning two years is a substantial period, and throughout this time, she never lodged a complaint nor indicated that she felt cheated. This suggests she was an equal participant in the s*xual relationship," the court stated in its order. The judge further observed that there was nothing on record to prove that Khan intended to cheat or exploit the woman "from the inception of the relationship".
Lack of Evidence for Intimidation
The court also addressed the allegations of criminal intimidation and intentional insult. Upon reviewing the survivor's testimony, the judge described the evidence as "absolutely vague" and lacking in "certainty and conviction". Because the prosecution failed to prove the charges beyond a reasonable doubt, the court ordered the immediate discharge of Khan's bail bonds and finalised his acquittal. Dust Storm in Thane and Navi Mumbai: Panic As Strong Winds Hit Mumbai Metropolitan Region, Netizens Share ‘Scary’ Videos.
Legal Context on Marriage Promises
This judgment aligns with several higher court precedents in India, which distinguish between a "breach of promise" and a "false promise of marriage". Under Indian law, a relationship is considered consensual if the individual enters it with full knowledge of the circumstances, unless it can be proven that the consent was obtained solely through a primary, fraudulent deception intended from the start.
(The above story first appeared on LatestLY on May 11, 2026 03:59 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).