Prayagraj, 20 September: Allahabad High Court has said in one of its orders that physical relations formed during a long-term love affair cannot be considered as rape. Even if the marriage is refused for some reason.
At the same time, the High Court has also canceled the criminal proceedings going on in the lower court against the boyfriend accused of raping his girlfriend. Justice Anees Kumar Gupta has given this order on the application of Ziaullah.
A girl had filed a case against her lover Yachi. She also accused him of raping her on the pretext of marriage. Later he went back on his words. The girl is a resident of Sant Kabir Nagar. It was told in the petition that in 2008 she had gone to Gorakhpur for her sister’s wedding. There he met Ziaullah. Both of them fell in love and started meeting each other. The girl’s family also came to know about this and they also agreed to the relationship.
After this Ziaullah started visiting his house. The girl claims that her family gave her money and sent her to Saudi, where she started earning money. After a few days he came back and retracted the talk of marriage. After this he filed a rape case.
The charge sheet of this case was filed in the lower court, on which the accused reached the High Court. The accused’s lawyer told the court that the physical relationship between the two was voluntary. The most important thing is that the girl was an adult at that time. In such a situation, the allegations of rape are wrong. This case has been registered to implicate Ziaullah.
After listening to all the parties, the court said that if a love affair lasts for a long time, physical relationship is formed. Also, if someone refuses to marry, it cannot be considered rape. Along with this, the court also canceled the charge sheet filed against the accused.
