5 साल तक सहमति से बने संबंध रेप नहीं: कर्नाटक हाईकोर्ट ने युवक को रेप केस से बरी किया, एक्स गर्लफ्रेंड ने लगाए थे आरोप

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 ex-girlfriend on a young man. Although the court has said that the case under section 323 and section 506 will continue.

Ex girlfriend had accused of rape for not getting married

Mallikarjun Desai of Bangalore was accused of rape and criminal breach of trust by his ex-girlfriend. They both were 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 young man says that he tried his best to marry his ex-girlfriend but it could not happen due to caste differences.

Could not get married because of caste

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 difference. The relationship between us was consensual, so it cannot be called rape.

A single bench of Justice Nagaprasanna heard the matter and dismissed the rape charges against the youth.

Consent was given for 5 years, so it is not rape – High Court

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.