HC on Rape: Long-Standing Consensual Adulterous Relationship Not Rape, Says Allahabad High Court; Quashes Case Against Man Booked for Rape
The high court bench of Justice Anish Kumar Gupta also stated that a promise of marriage does not automatically render consensual intercourse rape unless it is proven that such a promise was false from the outset.
The Allahabad High Court recently said that a long-standing consensual adulterous physical relationship without any element of deception from its inception does not amount to rape under Section 375 of the Indian Penal Code (IPC). The high court bench of Justice Anish Kumar Gupta also stated that a promise of marriage does not automatically render consensual intercourse rape unless it is proven that such a promise was false from the outset. "Unless it is alleged that from the very beginning of such relationship there was some element of cheating on the part of the accused while making such promise, it would not be treated as a false promise of marriage," the court added. The court observed while washing criminal proceedings against one Shrey Gupta, who was booked for rape on a complaint by a widow (complainant).Β HC on Sexual Favour: Where Will Spouses Go To Satisfy Their Sexual Urges if Not to Each Other in a Morally Civilized Society, Says Allahabad High Court.
HC Quashes Criminal Proceedings Against Man
Long-standing consensual adulterous relationship not rape: Allahabad High Court
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β Bar and Bench (@barandbench) October 14, 2024
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