Adults consenting to sexual relationship must accept its consequences: Bombay HC
The Bombay HC on Tuesday ruled that two consenting adults entering into a physical relationship are fully aware about the consequences of the same.
In the present case wherein a person was alleged of raping his partner were discharged by the Bombay HC in the light of an earlier ruling on a similar matter. The complainant had entered into a sexual relationship with the man when she was 25 years of age and thus, there is no doubt about the fact that she was aware of the consequences of keeping a sexual relationship and that there were possibilities that differences may arise between the two of them.
The petition was filed by Mr. Kunal Mandaliya, demanding that he be discharged from offences punishable under Section 376 (Rape), 420 (Cheating), 323 (Voluntarily causing hurt) and 506 (criminal intimidation) of the Indian Penal Code.
The complainant in this case contended that she had consented to the sexual relationship only because the accused had promised marriage. She further stated that she had lodged a police complaint when the accused did not fulfil his promise and assaulted her often. She further alleged cheating on the ground that the petitioner had asked her for money on several occasions, which she had to pay under duress, and was hence cheated on by him.
On the other hand the accused contended that they had indulged in a sexual relationship with due consent, and had denied all charges of rape, cheating, hurt and intimidation. The Court accepted the contentions put forth by the petitioner, and discharge.
The Court accepted the contentions put forth by the petitioner, and discharge him of charges of rape. It however refused to quash charges of cheating, criminal intimidation and assault against him.
OUR TAKEAs 21st century adults, consenting to a physical relationship comes with its own price. An adult must understand that when you consent for sexual intercourse you cannot hold your partner liable for it. However if your partner abuses you or cheats you, it shall not come under such consent and you can claim relief for it.
Visit the Indian Kanoon section of LawRato to learn more on Indian Laws.
Get Started >>