Consensual relationship for 5 years is not rape

Consensual relationship for 5 years is not rape: Karnataka High Court acquits youth in the rape case, ex-girlfriend made allegations

Mar 13, 2023 - 20:11
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Consensual relationship for 5 years is not rape

The Karnataka High Court has said in one of its decisions that physical relations made with the consent of a woman for 5 years cannot be called rape. Along with this, the court rejected the allegation of rape of an ex-girlfriend on a young man. Although the court has said that the case under section 323 and section 506 will continue.
Mallikarjun Desai of Bangalore was accused of rape and criminal breach of trust by his ex-girlfriend. They have both been in a relationship for the last 5 years. The girl said that during the relationship, the young man had physical relations with her by promising marriage, but later refused to marry, hence it is rape.
The case started against Mallikarjuna in the Sessions Court, after which he reached the High Court. He argued- We both were in love with each other and wanted to get married but we could not get married because of caste differences. The relationship between us was consensual, so it cannot be called rape.
Justice Nagaprasanna said in his judgment that the woman gave consent for physical relations not once, twice or thrice but for 5 years, so it cannot be said that her consent was taken without her consent for 5 years.
The court said that due to the long duration of the relationship, section 375 (section of rape) could not be invoked in this case and punishment under section 376 could not be imposed. Along with this, the court quashed the charges against the youth under sections 376, 376(2)(n), 354, 406 and 504 of the IPC.

Muskan Kumawat Journalist & Writer