Person Can’t Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour : Bombay High Court


The Bombay High Court passed a order on 29 March, 2023.This was seen in the case of. Sameer Amrut Kondekar v. State of Maharashtra & Anr 408 OF 2019 and the case was presided over by Hon’ble Justice BHARATI DANGRE. 


In this case application filed by the accused, assailing the trial court’s order from 2019 refusing to discharge him in the case filed by his ex. The Dindoshi sessions court had observed that the case was not of a consensual relationship because sometimes intercourse was forceful as well according to the complainant.


The judge noted since “the couple used to meet in isolation, with no indication that on every occasion when the physical relationship was established, the promise of marriage was made, when she has unequivocally consented to the physical indulgence, without any grievance being made till she lodged the FIR on 17.02.2016, I do not think that sufficient ground exist to proceed against the Applicant by charging him under Section 376 of the IPC”. Therefore, the trial court’s refusal to discharge the Accused by exercising power available “cannot be said to be justifiable exercise and that too merely with an observation, that at some time intercourse was forcible,” the bench said.

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