A Sexual Relationship Between A Couple That Lasted For 5 Years Cannot Be Considered rape - Karnataka HC

The Karnataka High Court has ruled that a sexual relationship between a man and a woman that lasted for five years cannot be considered rape, even if it didn't lead to marriage due to caste-related factors. In a recent decision, Justice M Nagaprasanna, who presided over the case, stated that the man and the woman in question were in love and had consensual sex multiple times over the five-year period. As a result, the Court dismissed the rape charges that the woman had filed against the man.

According to the prosecution, the accused and the complainant started out as friends and eventually entered into a romantic relationship. They were sexually active for five years and also conducted various financial transactions. However, their relationship soured when their respective families could not agree on their marriage due to their different castes. Justice Nagaprasanna, who presided over the case, determined that the relationship was consensual and that there was no evidence of force during their sexual encounters. Although the complainant claimed that the accused had initially forced her into sexual intercourse, the judge rejected this claim, citing the fact that the relationship had lasted for five years and was, therefore, unlikely to have been non-consensual.

The court determined that the duration of the relationship and the actions taken during that time period weakened the requirements outlined in Section 375 of the Indian Penal Code. As a result, the chargesheet and criminal proceedings against the accused were dismissed.