Physical relations did not result in marriage, it does not mean that the consent of the victim was not there for the sex relations.-- Bombay High Court

The Bombay High Court has observed that two adult persons are attracted to each other and have physical relations In such a situation, one cannot be held guilty of rape merely because there was a rift in the relationship between the two at one point of time and for some reason the relationship could not result in marriage.                                According to the case, in 2016, a 26-year-old woman lodged a report at the Versova police station in Mumbai.In which it was alleged that he was identified with the accused through social media, later this identity turned into friendship.The woman had alleged that the accused had promised to marry her for having sex with her at different places in Mumbai.Despite the repeated requests of the woman, the accused did not marry her, due to which there was a rift in their relationship and their relationship broke up.After the relationship broke up, the accused sent obscene messages to the woman and made objectionable comments on her character.                                                          On the complaint of the woman, the police registered a case against the accused under sections 376 and 323 of the IPC and the Information Technology Act.                                                                                Accused arguing that he was in a relationship with the woman for a long period of 8 years and had sex with the woman's consent He filed a petition in the court seeking to be discharged.                                                                                         Taking into consideration the facts and circumstances of the case, the bench of Justice Bharti Dongre observed that the refusal to discharge the petitioner cannot be justified merely on the basis of the observation that intercourse was forced.                                 The court said that on the basis of the observation that the relationship between the two had turned sour, it cannot be inferred that on every occasion physical relations were made against the will of the victim.Because the complainant woman is of mature age to be aware of the relationship both physical and mental, she can understand the situation very well.                                                                         The court noted that according to the victim's own statement, she had given permission not only to have sex for marriage but also because she was in love with the accused person.                                        The court, after perusing the entire material of the case and hearing the arguments of both the parties, ordered the accused to be discharged.