The Chhattisgarh High Court held that a long-term live-in relationship between consenting adults creates a presumption of consensual physical relations. The Court ruled that a later refusal to marry cannot automatically amount to rape and dismissed an appeal challenging the accused’s acquittal.
The Jharkhand High Court ruled that a consensual relationship between two adults cannot automatically become a rape case due to delayed marriage. The Court acquitted Aalim Ansari, setting aside his conviction and seven-year sentence under Section 376 IPC.
The Supreme Court has held that a consensual physical relationship between two unmarried adults cannot, by itself, be used to question their character. The Court ordered the appointment of a Telangana police constable candidate whose selection was cancelled over a criminal case arising from a failed relationship.
The Delhi High Court granted bail to a gym trainer accused of rape and blackmail, with Justice Girish Kathpalia observing that morality must remain separate from criminal determination and noting material presented prima facie indicated a consensual relationship between the parties.
The Allahabad High Court quashed rape proceedings based on an alleged false promise of marriage, ruling that a long-term consensual relationship between adults cannot later be treated as rape merely because the relationship did not culminate in marriage.
The Punjab and Haryana High Court dismissed a plea seeking recall of its order quashing an FIR in a rape-on-promise-to-marry case. It held that a final judgment cannot be reopened due to the statutory bar under Section 403.
The Calcutta High Court dismissed criminal proceedings, holding that a prolonged consensual relationship cannot be termed rape in marriage. Chaitali Chatterjee Das noted that years of intimacy, shared travel, and voluntary hotel stays reflected mutual consent, not misconception.
The Supreme Court observed that a boy and girl before marriage are “total strangers” and advised caution while engaging in pre-marital physical relationships. The remarks came during a bail hearing in a false promise of marriage rape case, where the Court also suggested mediation.
The Supreme Court quashed an FIR alleging rape on the false pretext of marriage, holding that the case involved a consensual relationship that later turned bitter. The Court cautioned against criminalising failed personal relationships and misuse of serious penal provisions.
The Kerala High Court questioned whether an unmarried man having multiple consensual sexual relationships can be a ground to deny bail to Rahul Mamkootathil in a rape case. The Court asked the prosecution to clarify whether the alleged incident was consensual or forced, and reserved its order on his anticipatory bail plea.
