Sexual Intercourse in Long-term relationship can’t be classified as Rape: SC

Sexual intercourse in the system of a very long-term partnership can’t be categorised as rape, the Supreme Court has held.

A Bench of Justices S.A. Bobde and L. Nageswara Rao reported this was specially real if the complainant-female herself alleged that she and the accused experienced lived as gentleman and wife.

The Bench was hearing an charm versus an order of the Karnataka Significant Court, which refused to quash a rape situation.

The female alleged that she experienced lived with the gentleman for 8 many years.

The courtroom order data how the female said that the gentleman experienced “pretended to have cherished her on the assure of relationship, that he used the ‘kumkum’ on her forehead, and tied the ‘arishina’ thread to her neck”.

“She even further said that she has been dealing with the appellant as her spouse for the previous 8 many years, and now he is making an attempt to escape from her and cheat her,” the apex courtroom order reported.

The courtroom reported it would not go into irrespective of whether they ended up in fact married, but, “we have no question that they lived collectively like a married pair even according to the complainant [woman]”.

Ordering the quashing of legal proceedings versus the gentleman, the courtroom concluded that it was “difficult to sustain the charges levelled versus the appellant who might have possibly, created a phony assure of relationship to the complainant”.

“It is hard to keep sexual intercourse in the system of a partnership, which has continued for 8 many years, as ‘rape’, specially in the experience of the complainant’s personal allegation that they lived collectively as gentleman and wife,” the Supreme Court noticed.