High Court discharges CRPF officer in rape case citing consensual relationship

Saurabh Malik

Chandigarh, July 6

The Punjab and Haryana High Court has discharged a CRPF officer in a case alleging multiple instances of rape after finding that his relationship with the complainant had commenced on a consensual note. Justice Sumeet Goel held that the complainant’s conduct and the attending circumstances clearly indicated that she had willingly entered into a physical relationship fully aware of the repercussions of her act.

Justice Goel observed the duo was in a relationship for about five-and-a-half years. They were married separately and children from their legally marital relationships were fully grown-ups. The complainant, too, was “a lady of advanced age of 51” at the time of lodging the FIR.

“In these circumstances it cannot be legally and validly construed that there was any alleged promise to marry on part of the petitioner, which made the complainant vary her stand and communicate her consent to make physical relations with him,” Justice Goel observed.

The ruling by Justice Goel is significant as it indicates that engaging in a physical relationship without genuine unwillingness or objection cannot be later framed as non-consensual. Besides this, the individuals of mature age, particularly those in their 50s with extensive life experiences, are expected to understand the implications of their actions. Allegations of false promises must be substantiated with concrete evidence. The judgment also makes it clear that solid evidence is required to support the allegations. Exaggerated or unsupported claims can lead to the dismissal of charges.

Justice Goel observed the “prime case” set by the complainant/victim was that she met the accused on August 7, 2016, at Delhi airport and he raped her for the first time the same month. She had been interacting with him previously as well through telephone/social media. Their conversations would take place primarily at night.

Justice Goel asserted: “A perusal of the complainant’s version in her statement recorded under Section 164 of the Code of Criminal Procedure Code made it manifestly clear that the relationship between the complainant and the petitioner started on a consensual note. Both of them despite being of mature age, being married to their respective spouses, having adult children, decided to be in relationship on their own quixotic notions”.

Accepting his plea, Justice Goel discharged the accused from the FIR registered on May 25, 2017, at Sector 65 police station in Gurugram district under Sections 323, 376(2)(n), 406, 506 of the IPC.

Court’s observation

The ruling is significant as it indicates that engaging in a physical relationship without genuine unwillingness or objection cannot be later framed as non-consensual