The Uttarakhand High Court has ruled that refusal to marry after a prolonged consensual relationship between two adults cannot be treated as rape. The court delivered this decision while dismissing a case filed by a woman from Mussoorie.
The petitioner had alleged that the accused had established a relationship with her on the promise of marriage and later refused to marry, leading to the criminal complaint.
The court examines the nature of the relationship
During the hearing, the High Court observed that both individuals were adults and had lived together for a considerable period with mutual consent. The court noted that the relationship appeared voluntary and continued over time without immediate complaint.
It held that mere refusal to marry after such a relationship does not automatically constitute rape under criminal law.
Lack of evidence of fraudulent intent
The court further stated that there was no clear evidence to establish that the accused had entered the relationship with a dishonest intention from the beginning. The absence of proof of deliberate deception was a key factor in the decision.
Based on these observations, the High Court dismissed the case filed by the complainant.
Legal interpretation of consent highlighted
The ruling underlines the legal distinction between consensual relationships and criminal offences. The court reiterated that each case must be evaluated on evidence, intent, and circumstances rather than on the outcome of the relationship.
The judgment reflects judicial interpretation on issues related to consent and allegations arising from failed marriage promises.
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