Difficult To Hold Sexual Intercourse As ‘Rape’ In The Course Of Relationship That Lasted 8 Years!

Shivashankar @ Shiva vs State of Karnataka and Anr

Supreme Court

06/04/2018

CRIMINAL APPEAL NO.504 OF 2018 (Arising out of SLP(Crl.) No.454 of 2017)

About/from the judgment:

Difficult To Hold Sexual Intercourse As ‘Rape’ In The Course Of Relationship That Lasted 8 Years!

 

Lady had alleged that they lived together as husband and wife Quashing a ‘rape on promise of marriage’ case, the Supreme Court observed that it is difficult to hold sexual intercourse in the course of a relationship which continued for eight years, as 'rape'.

 

In this case, it was the complainant’s own allegation that they lived together as husband and wife for last eight years and the man is now trying to escape from her and cheat her. She filed a complaint alleging rape and cheating.

 

The man approached the Karnataka High Court, but it refused to quash the criminal proceedings observing that, in the event a man promises marriage and has a sexual relationship and if it is established that from inception, he never had the intention to marry the woman, then it would be construed as rape.

 

On appeal filed by the man, the court observed: “We are not here concerned with the question whether the appellant and the complainant were, in fact, married, we have no doubt that they lived together like a married couple even according to the complainant”.

 

The court observed that it is difficult to sustain the charges levelled against the man who may have possibly, made a false promise of marriage to the complainant.

 

Allowing the appeal and quashing the complaint, the court said: “It is, however, difficult to hold sexual intercourse in the course of a relationship which has continued for eight years, as ‘rape’ especially in the face of the complainant’s own allegation that they lived together as man and wife.”

Read the Judgment

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