CASE TITLE : MAHESH DAMU KHARE VS. THE STATE OF MAHARASHTRA
A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.
A bench comprising Justice BV Nagarathna and N Kotiswar Singh observed :
“In our view, if a man is accused of having sexual relationship by making a false promise of marriage and if he is to be held criminally liable, any such physical relationship must be traceable directly to the false promise made and not qualified by other circumstances or consideration. A woman may have reasons to have physical relationship other than the promise of marriage made by the man, such as personal liking for the male partner without insisting upon formal marital ties.
In a situation where physical relationship is maintained for a prolonged period knowingly by the woman, it cannot be said with certainty that the said physical relationship was purely because of the alleged promise made by the man to marry her. Thus, unless it can be shown that the physical relationship was purely because of the promise of marriage, thereby having a direct nexus with the physical relationship without being influenced by any other consideration, it cannot be said that there was vitiation of consent under misconception of fact.”
The bench made these observations while quashing an FIR for the offence of rape which was lodged against the man by the woman after the breakdown of their relationship.
The appellant contended that the relationship was consensual and the allegations were false, initiated only after he discontinued financial assistance to the complainant.
The Court rejected the complainant’s argument that the appellant had forceful intercourse with her under the garb of a false marriage promise.
The judgment authored by Justice N. Kotiswar Singh noted that the decade-long physical relationship, maintained without consistent protest or objection, suggested consensual involvement rather than coercion. The Court said that it was implausible that the complainant could have continued the relationship for nine years under a mere promise of marriage, without any evidence of deception at the outset.
In the judgment, the Court also expressed concerns about the increasing trend of lodging criminal cases against men after the breakdown of a consensual relationship.
“It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.”
The Court added, “if criminality is to be attached to such prolonged physical relationship at a very belated stage, it can lead to serious consequences. It will open the scope for imputing criminality to such long-term relationships after turning sour, as such an allegation can be made even at a belated stage to drag a person in the juggernaut of stringent criminal process. There is always a danger of attributing criminal intent to an otherwise disturbed civil relationship of which the Court must also be mindful”.
