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Consensual Sex Is Not Rape: Delhi High Court

Consensual Sex Is Not Rape: Delhi High Court

The Delhi High Court has delivered a significant ruling, stating that consensual sexual relations cannot be classified as rape. The court also highlighted the misuse of legal provisions by some individuals to harass men, emphasizing the need for careful examination of such cases.

This verdict was issued in response to a petition filed by a young man seeking the dismissal of a rape case against him. Justice Chandradhari Singh, who presided over the case, noted that the woman appeared to have deliberately filed the complaint with malicious intent. As a result, the court directed the police to quash the FIR registered against the man.

During the hearing, the court made critical observations:

  • Rape as a Heinous Crime: While rape is one of the most egregious crimes against women, the court acknowledged that some women misuse the law to harass men.
  • Evidence of Consent: WhatsApp chats and recordings submitted by the petitioner indicated that both parties had entered the relationship consensually.
  • Misuse of Law: The case serves as an example of how the misuse of legal provisions can cause undue hardship to men.

The court also stressed the need to consider the intent behind complaints in such cases. The public prosecutor argued that the allegations were serious and urged the court not to dismiss the case. However, the court observed that the evidence showed both parties had mutually agreed to their relationship.

The judge noted that the couple initially intended to marry, but their families objected due to caste differences. While the man expressed willingness to proceed with the marriage, the woman later agreed to marry someone else. This change in circumstances led the woman to file a malicious complaint, the court concluded.

Ultimately, the court declared the FIR invalid and dismissed the case, underscoring the importance of safeguarding against the misuse of laws while ensuring justice for all parties involved.