Longstanding physical relationship during love affair not rape: Allahabad High Court

In a significant judgement, the Allahabad high court has said that a longstanding physical relationship during love affair does not amount to rape even if the man refuses to marry the woman for some reason.

A single bench headed by justice Anish Kumar Gupta gave the ruling while quashing charges of rape against one Jiyaullah, who had refused to marry his lover after having a longstanding physical relationship. The woman had lodged a case of rape against Jiyaullah, who had challenged the prosecution in the high court.

''The relationship between the applicant (Jiyaullah) herein and the opposite party was of a consensual nature....the parties were known to each other for more than 15 years; and they were in active physical relationship with the approval of parents of the opposite party for more than 8 years,'' the court said.

''Therefore, there was an active and considered consent by the victim, with the approval of her parents and the physical relationship with her was not against her will,'' it added.

The court said that the FIR was registered after Jiyaullah refused to marry her as promised. ''It is apparent that the promise to marry by the applicant herein was not false from its inception...due to later developments, the applicant has refused to marry the victim,'' it said.

''It is only after subsequent developments between the parties, the applicant herein has refused to marry the applicant herein. Since, the relationship between the parties was longstanding and the victim as well as her family members knew the consequences of the relationship, therefore, any subsequent breach of such relationship would not amount to the offence of rape,'' the court added.

According to the prosecution Jiyaullah and the woman knew each for many years and that they had been having physical relationship. The woman claimed that Jiyaullah had established physical relationship on the pretext of marriage but later backtracked.