Rape Case Can't Be Lodged Merely Because Complainant's Consensual Relationship With Accused Did Not Work Out: Andhra Pradesh High Court

A single judge bench of Justice Ravi Cheemalapati of the Andhra Pradesh High Court has reiterated that failure of a consensual relationship cannot be a ground for lodging an FIR for offence of Rape under Section 376(2)(n) of the Indian Penal Code ("IPC").The petitioner, accused of the offences punishable under Sections 376 (2)(N), 417, 420, 323, 384, 506 read with 109, IPC, had sought a regular bail. The complainant had stated that she and the petitioner were in a relationship. The latter, promising to marry the complainant, took her to his residence with the consent of his parents and had sexual intercourse with her. She claimed that when her menstrual cycle was interrupted, the petitioner's mother made her eat papaya and the petitioner gave her some tablets, post which, her menstrual cycle was resumed. She stated that since then, the petitioner and his parents avoided her. She alleged that the petitioner's friends threatened her over the phone. The counsel for the petitioner contended that the allegations were vague and prima facie did not constitute any offence. It was contended that when the petitioner's parents did not agree for their marriage, the complainant foisted this false case. In support of his contention, the counsel for the petitioner relied on the Supreme Court decision in Ansaar Mohammad v. The State of Rajasthan, 2022 Live Law (SC) 599. The Special Assistant Public Prosecutor retained that the allegations were serious in nature and that the petitioner may not cooperate with the investigation, if granted bail. The Court stated that the complainant and the petitioner were in a consenting relationship and found it prima facie evident that when the complainant felt that her relationship with the petitioner was not going to work out, she had filed the present complaint. The Court agreed that as per the decision of the Supreme Court relied on by the counsel for the petitioner, when the complainant has willingly had relationship, if the relationship does not work out, it cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) of IPC. The Court noted that the decision was squarely applicable to the facts of the case before it. Accordingly, the Court granted regular bail to the petitioner.Citation: 2022 LiveLaw (AP) 111 Click Here To Read/Download Order

Rape Case Can't Be Lodged Merely Because Complainant's Consensual Relationship With Accused Did Not Work Out: Andhra Pradesh High Court

EKTA RATHORE

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