SC denies to quash rape case, says consent in a relationship can change with time

SC denies to quash rape case, says consent in a relationship can change with time

In a landmark ruling, the Supreme Court of India shed light on the dynamic nature of consent in sexual relationships. The case in question involved allegations of rape where the Court refused to quash the charges, emphasizing the importance of recognizing how consent can evolve over time.

The bench, comprising Justices Aniruddha Bose and PV Sanjay Kumar, articulated that while a relationship may begin as consensual, it does not guarantee continued consent indefinitely. 

The crux of the matter lies in the acknowledgment that the character of a relationship can undergo transformation, particularly when one partner expresses unwillingness to continue. 

At the heart of the case was a woman, referred to as 'Miss X,' who alleged that the accused concealed his previous marriage, thereby inducing her into marriage and engaging in a sexual relationship. 

The accused vehemently denied the allegations, asserting that their relationship was consensual. However, the Court, upon careful examination, found merit in the complainant's assertions.

The Karnataka High Court, in its earlier ruling, declined to quash the rape case, citing the need for further investigation. This decision was pivotal in recognizing the complexities of the situation and the importance of delving deeper into the allegations made by both parties.

The accused's claim of political motivation and blackmail was scrutinized by the High Court, which maintained that thorough investigation was imperative. Consequently, both the woman's rape complaint and the man's extortion complaint were upheld, emphasizing the need for a comprehensive examination of the allegations.

Adv. Namit Saxena appeared for the Complainant. 

The accused were represented by Senior Advocate Vinay Navare, along with advocates Chinmay Deshpande, Manjunath K, and Anirudh Sanganeria.

On behalf of the State of Karnataka, Additional Advocate General Muhammad Ali Khan, along with advocates VN Raghupathy, Manendra Pal Gupta, Omar Hoda, Uday Bhatia, Eesha Bakshi, and Kamran Khan, were present.

Case: RAJKUMAR vs. THE STATE OF KARNATAKA & ANR,

Petition(s) for Special Leave to Appeal (Crl.) No(s). 6279/2023.

Click to read/download order.

 

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