“Consensual Sex Not A Crime", says SC
Consensual sex, not a crime, says the Supreme Court, in a suit filed by a nurse against a doctor in Maharashtra who were in live-in relationship “for quite some time".
The Supreme Court bench, comprising Justice AK Sikri and Abdul Nazeer, in its ruling states that the consensual physical relationship between live-in partners does not amount to rape. In case the man fails to marry the woman due to circumstances beyond his control, the Supreme Court held that it would not amount to rape.
According to the first information report the woman, a widow, had fallen in love with the doctor and they started living together.
"There may be a case where the prosecutrix (nurse) agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by accused, or where an accused, on account of circumstances which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do. Such cases must be treated differently," the bench said.
The verdict says that if the man had any mala fide intention or clandestine motives, then it was a clear case of rape.
"The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 (rape) of the IPC," the bench said.
Referring to the facts of the case, the court said they were living together for quite some time and when the woman came to know that the man had married someone else, she lodged the complaint.
The court came to the conclusion that if he wouldn’t have married then she had no objections, thus intentions of consensual sex is clear.
The doctor had approached the top court against the verdict of the Bombay High Court which had dismissed his plea seeking quashing of the FIR lodged against him.
