Consensual sex for 5 years cannot be termed rape once relationship turns sour, marriage does not take place: Karnataka High Court

The Karnataka High Court recently held that a consensual sexual relationship for five years cannot be considered rape merely because it did not culminate in marriage due to caste equations [Mallikarjun Desai Goudar vs State of Maharashtra]..Single-judge Justice M Nagaprasanna noted that the 35-year-old man and the complainant-woman, were in love and had sexual intercourse several times over a period of five years. "The consent in the case at hand is not once, twice or thrice; not for days or months; but for several years, five year precisely, as is narrated in the complaint as the two were in love. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for having such instances, all along against her will," the bench held.Talks of marriage did take place but failed due to caste equations. "The statement clearly records that he had made hectic efforts to get married to the complainant. The family of both the parties were known to each other. Talks of marriage did take place, but failed. The failure was on account of consensus not being arrived due to caste equations," the judge noted.The Court, therefore, quashed the rape case filed by the woman against the man..As per the prosecution case, the accused and the complainant were initially friends and then their relationship developed into a love affair. The couple also maintained physical relations for five years and also engaged in several financial transactions. But the relation turned sour after the families of both the accused and the complainant could not arrive at a consensus on marriage owing to the castes of the couple. .Justice Nagaprasanna noted that the relationship was a consensual one and that there was no force as alleged while maintaining the physical relations. Though the complaint woman said that the accused initially had forcible sexual intercourse with her, the judge turned down the same highlighting that such sexual relationship continued for five long years and hence, cannot be termed as non-consensual."The narration would clearly indicate that the relationship between him and the complainant was consensual. If it is consensual, it cannot be alleged that it would become an ingredient of rape under Section 375 of the Indian Penal Code, for it to become punishable under Section 376," the bench held.It is the length of the relationship and the acts in such period of such relationship between the two that takes away the rigor of ingredients of Section 375 of the IPC, the bench added.With these observations, the bench quashed the chargesheet and the criminal proceedings initiated against the man..Advocate Chetan Desai appeared for the accused.Advocate KS Abhijith represented the State.Advocates Veena J Kamath and Lekha GD represented the complainant..[Read Order]