Broken relationships cannot be equated with rape: Allahabad High Court
Prayagraj, May 26: The Allahabad High Court has stated that consensual physical relations cannot be considered rape merely on the basis of the absence of marriage or the breakdown of the relationship.
A bench of Justice Madan Pal Singh quashed the summons issued by the lower court and the entire criminal proceedings in a case from Moradabad.
The victim had accused Kapil Som and another man of having physical relations with her under the false promise of marriage, exploiting her, and using casteist slurs.
The court stated that a case can be considered rape only if it is proven that the accused had no intention of marriage from the beginning and entered into the relationship fraudulently.
The court clarified that “broken promise of marriage” and “making false promises from the beginning” are two different situations. The judgment stated that differences arising after a long-term consensual relationship cannot be made a criminal offense. The court also held that there was insufficient evidence of casteist remarks in the case and that prosecuting a case under such circumstances would be an abuse of the process of law.
