Consensual relationship breakdown isn't rape: HC
Chandigarh, Feb. 4 -- The Punjab and Haryana high court has quashed a rape case registered against an army officer from Punjab, observing that a consensual relationship by itself cannot give rise to criminal liability under the rape law unless the statutory ingredients necessary to constitute the said offence are clearly made out.
".human relationships are dynamic and may change with time. .Merely because consensual relationship does not culminate into marriage due to incompatibility, cannot be forcibly converted into life long relationship," the bench of justice Alok Jain observed.
The criminal case was filed in August 2020 against the officer on the complaint of a woman. She alleged that he (officer) enticed the complainant to enter into a physical relationship with him, despite being fully aware of the fact that the complainant is elder to him and also being fully conscious of each other's temperament, her lawyer had told the court. The lawyer added that the complainant, being a simple, educated girl, was unable to foresee the petitioner's intentions, and it was beyond her apprehension as to why, after being entangled with her, the petitioner all of a sudden withdrew his commitment to live the life together.
The officer, on the other hand, had claimed that it was a case of a soured consensual relationship. The petitioner and the complainant were in a consensual relationship and subsequently proceeded to get engaged by performing a roka ceremony.
However, owing to temperamental differences, the petitioner later refused to marry the complainant, the officer's counsel had told the court, adding that the temperamental differences arose, when he was posted in a sensitive area as a result of which the channel of communication between them broke down, which the complainant, could not bear and allegedly started threatening him to commit suicide....
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