A 67- year man was discharged from the rape charge quoting the consensual relationship by the Bombay High Court

A man aged 67 years got disposed from the case filed by a 61-years old wife (complainant). The Bombay high court while dealing with this case observed that the wife was framing the allegations regarding his husband that he had attempted to do sexual intercourse with her forcefully. Initially, she lodged the FIR in the Pune police where she stated the same and tried to impose certain sections of the Indian Penal Code concerning the molestation, rape, etc. When the FIR get lodged in the Pune police station, the complainant was 54 years old whereas the husband (accused) was aged 60 years[1]. They both were sharing a consensual relationship (2005-2015) when the FIR got registered.

Finally, on May 4^th, a single bench of Justice Bharati Dangre framed the verdict of this case. The court held that no sign of rape has been reflected under such a case as both man and woman were adults. So, the court assumes that they are aware of the several consequences of their actions. Secondly, they were not regarded as a newly formed couple who had married in the near past. They were in their marital relationship since 2005 and the woman was already familiar that she was living with him and sustaining the matrimonial relationship[2]. Moreover, the court also undertook to present its interpretation of the serious offense of rape. The court stated that ‘Rape’ occurs when physical indulgence was done in opposition to the woman’s will. Hence, there is no rape done by the man. The court also stated that it is also not the case under which the young woman is persuaded to engage in a physical relationship under the pretext of marriage[3].

The court also observed the fact that the accused was the chairman and the complainant was the teacher at some school in Pune. The woman was earlier lived with her first husband and gradually isolated from him. She further remarried her second husband who died due to the accident[4].

Written by- Aniruddh Atul Garg, a student at ILSR, GLA University, Mathura, 2^nd Semester, an intern at Legal Vidhiya

[1] LAW TREND, https://lawtrend.in/hc-discharges-67-year-old-man-from-rape-case-citing-consensual-relationship-with-woman/ (last visited 8^th May, 2023).

[2] NEWS 18, https://www.news18.com/amp/india/hc-discharges-67-year-old-man-from-rape-case-citing-consensual-relationship-with-woman-7752241.html (last visited 8^th May, 2023).

[3] Ibid

[4] OUTLOOK, https://www.outlookindia.com/national/bombay-high-court-discharges-67-year-old-man-from-2015-rape-case-citing-consensual-relationship-news-284563/amp (last visited 8^th May, 2023).

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