Consensual Affair Gone Sour Not Rape: SC
One of the most cited and detailed judgments in this regard is:
๐งโโ๏ธ Case: Pramod Suryabhan Pawar v. State of Maharashtra & Anr.
Citation: (2019) 9 SCC 608
Bench: Justice D.Y. Chandrachud and Justice Indira Banerjee
Date of Judgment: 21 August 2019
โ๏ธ Background:
The woman filed a complaint under Section 376 IPC (rape), claiming that the accused had sexual intercourse with her under the false promise of marriage.
The accused contended that the relationship was consensual, and the marriage could not materialize due to mutual differences.
๐ง Legal Issue:
Does sexual intercourse on the promise of marriage, which later doesnโt culminate in marriage, amount to rape?
๐ Supreme Courtโs Findings:
The Court emphasized that not every failed promise of marriage amounts to rape. The key element is whether the promise of marriage was made in bad faith โ that is, the man never intended to marry the woman but only used the promise to obtain her consent for sex.
โ Key Principles Laid Down:
Consent under Misconception of Fact (Section 90 IPC):
A consent obtained by deception or fraud, especially regarding a material fact (like marriage), is not valid consent.
However, for it to be rape, the deception must be intentional and malicious, i.e., the man never intended to marry her from the beginning.
Difference Between False Promise and Breach of Promise:
If a man never intended to marry and made the promise only to have sexual intercourse, it can be rape.
But if he intended to marry at the time the relationship began and later changed his mind due to circumstances, it is not rape.
Adult Consensual Relationships:
When two adults are in a relationship and engage in consensual sex, it cannot be converted into a charge of rape just because the relationship ended badly.
Courts must scrutinize the circumstances and intentions carefully before concluding that there was a false promise.
โ๏ธ Supreme Courtโs Judgment:
In Pramod Suryabhan Pawar, the Court held that:
โThe crucial issue is whether the accused had actually wanted to marry the complainant or had mala fide intentions from the beginning.โ
Since there was no material to show that the promise of marriage was false at inception, and there was a long-standing consensual relationship, the rape charge was quashed.
๐ Other Supporting Cases:
Deepak Gulati v. State of Haryana, (2013) 7 SCC 675
The Supreme Court held that a mere breach of a promise to marry does not constitute rape. There must be a deliberate misrepresentation.
Uday v. State of Karnataka, (2003) 4 SCC 46
The Court emphasized that where the prosecutrix is a major and educated, consent based on a genuine love relationship does not amount to rape, even if the marriage does not occur.
๐ Conclusion:
The Supreme Court has made it clear that:
"A consensual affair that ends badly does not amount to rape. The law must not be misused as a tool of revenge or to force a relationship."
To determine whether a rape charge under Section 376 IPC stands, courts will examine:
The intention behind the promise of marriage.
The mental maturity of both parties.
The circumstances under which sexual relations occurred.
Therefore, a consensual sexual relationship between adults, entered into without coercion or deception, does not become rape merely because the man refuses or fails to marry the woman later.
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