Justice Sanjay Kumar Dwivedi of Jharkhand High Court in a very important decision held that having sexual relations with a married woman under the pretext of marriage is not rape under section 376 (2)(N) of the Indian Penal Code. The Court held that the woman who established a sexual relationship with a man other than her husband before her divorce knew that she cannot marry the accused and this cannot be a ground to lodge offence.

This gives rise to a new argument about whether it would be rape or not if a man make physical relation with a married woman? If a man does so, whether he is a rapist or not?

In November 2019 the accused got posted in Sanwara in Devghar district of Jharkhand. He met the prosecutrix at her father's shop. They started talking to each other. The accused came to know that the prosecutrix is married and she has filed a divorce case in court.

gradually they got along with each other. There were google pe transactions between both of them. As per the FIR, the accused made relationship with the prosecutrix many times. The FIR was lodged under section 406, 420, 376(2)(N) IPC. On 24th November 2021 Chief Judicial Magistrate of Devghar District took cognizance of the matter which was challenged by the accused before the Jharkhand High Court.

The mother of the accused has also lodged an FIR against the prosecutrix under sections 147, 341, 323, 380, 406, 420, 452, 504, 34 IPC on 18th Feb, 2021 wherein it has been alleged that the prosecutrix for lodging false FIR.