Calcutta High Court Clarifies Rape Law: Consensual Relationship Turned Sour Does Not Constitute Rape
In a significant ruling, the Calcutta High Court has held that a consensual sexual relationship turning acrimonious does not amount to rape merely because it did not culminate in marriage. The court quashed a criminal case against a man accused of raping a woman after promising to marry her and forcing her to undergo an abortion, emphasizing the necessity of proving deception from the inception of the relationship.
Court's Rationale: Mutual Consent Over Deception
Justice Chaitali Chatterjee (Das) delivered the judgment, stating that the couple voluntarily traveled together, stayed together, and conducted themselves in a manner "akin to husband and wife," which indicated mutual consent rather than deception. She clarified that for consent to be considered given under a "misconception of fact"—such as a promise of marriage—the deception must be present from the very beginning of a long-standing relationship.
"There must have been a fraudulent intention at the very inception and that she was induced to enter the sexual relationship," Justice Chatterjee (Das) held. The judge noted that the behavior of both parties "clearly indicates mutual consent and companionship rather than inducement by deception."
Case Background: Relationship Timeline and Allegations
The woman entered into a relationship with the accused in 2017. She alleged that in 2018, he forced her to drink and then raped her, but she remained silent due to his promise of marriage. Subsequently, they went on trips to Digha and Goa. In 2020, she became pregnant and underwent an abortion, which medical reports confirmed was done with her consent, with the accused signing as her guardian. The woman claimed she agreed to the abortion because the accused reiterated his promise to marry her.
After he refused to marry her, she lodged a complaint with Salboni police station in West Midnapore on February 16, 2022. The man was arrested on February 23, and a charge sheet was filed against him on July 21 under IPC sections dealing with rape, cheating, causing a miscarriage without a woman's consent, and criminal intimidation.
Court's Observations on the Relationship
Justice Chatterjee (Das) observed: "The romantic relationship started in 2017 and continued until it turned sour in 2022. During this period, they indulged in sexual activity, spent nights together at various hotels in Digha, Park Street, Kharag, and Goa, and lived like husband and wife. It is also admitted she became pregnant and the pregnancy was terminated with the consent of the victim as well as the accused. Instead of lodging any complaint against the accused, she continued the relationship. So, as of now, nothing suggests that at any point of time she was under a misconception for the last 5 or 6 years."
Legal Arguments and Implications
The counsel for the accused argued that the woman was an educated adult who voluntarily entered into a physical relationship while "being aware of the consequences." This ruling underscores the importance of distinguishing between genuine deception and the natural evolution of relationships, potentially setting a precedent for similar cases in Indian courts.
This decision highlights the judiciary's stance on protecting individuals from false accusations while ensuring that true instances of rape are prosecuted. It serves as a reminder that legal definitions of consent and deception must be applied rigorously to uphold justice.
