A 61-year-old lady accused a 67-year-old man of rape in 2015; the Bombay High Court dismissed the case after finding that the two had a voluntary and willing physical connection. On May 4, Justice Bharati Dangre issued a single-bench ruling stating that the complainant and the accused were in a relationship as two adults who could grasp the repercussions of their acts.
The lady said in a FIR filed with the Pune police in 2015 that the guy had repeatedly forced physical contact with her since 2005 under the false pretence of marriage. The guy was charged with rape, molestation, and criminal intimidation under many provisions of the Indian Penal Code. The High Court emphasised that the physical indulgence was not done against the woman’s will or without her permission since the two had a consensual relationship from 2005 until 2015, when the case was filed.
The lady prolonged the contact despite knowing that the male was already married, according to the bench. According to the court, rape is a crime when it is committed against the woman’s will and without her agreement. In this instance, the accused and the lady had a mutual and voluntary relationship that lasted for ten years. The court noted that there was no basis for assuming that the couple’s connection was coerced and that this was not an instance in which a man persuaded a young lady to engage in sexual activity with him under the pretence of marriage.
According to the circumstances, the lady had divorced her first husband, got married again, but tragically lost her second spouse in an accident. The individual was the chairman of the institution where the complaint once served as headmaster. The lady filed the case in 2015, even though the two had begun dating in 2005, alleging that he had previously physically abused her when she insisted that he marry her.