In a significant ruling, the Orissa High Court has stated that sexual intimacy should not always be considered rape in a relationship that started genuinely but turned sour after the male partner decided not to marry his partner. The judgment was delivered by Justice R K Pattanaik on July 3, during the hearing of a petition challenging the legality of criminal proceedings against a man involved in a seven-year relationship that had gone wrong. The court observed that if a relationship ends and one person decides not to marry the other, the previous sexual intimacy should not automatically be labeled as rape.
Justice Pattanaik explained that there is a difference between breaking a promise made in good faith and making a false promise of marriage. In the former case, sexual intimacy does not constitute an offense under Section 376 of the Indian Penal Code (sexual assault), while in the latter case, it does. The court analyzed the complaint and other evidence and found that the relationship had started as a friendship and developed under different circumstances.
Initially, the petitioner intended to marry the other party, who later agreed and even reached a settlement on February 4, 2021. However, for various reasons, the woman was not ready for marriage at that time, which led to the petitioner breaking his promise. It was alleged that the woman agreed to marry under threat or compulsion after being blackmailed by the petitioner. The court found it significant that the woman later agreed and even entered into a written agreement with the petitioner in 2021, indicating that both parties had difficulties managing their relationship, which eventually led to their separation.
Based on the conduct of both parties and considering their education and awareness of the consequences, the court concluded that it would not be fair to accuse the petitioner of sexual misconduct when he declined to marry his partner. However, other allegations should remain open for inquiry and investigation. Therefore, the court dismissed the charge of sexual assault against the petitioner under Section 376 of the IPC.
