A Consensual Relationship Which Didn't Work Out: AP High Court Grants Bail To Rape Accused

The Andhra Pradesh High Court has granted bail to a man accused in a rape case while observing that it was a case where the consensual relationship between the complainant and the accused didn't work out and hence the rape case was filed against the accused.

The Bench of Justice Ravi Cheemalapati relied upon the decision of the Apex Court in Ansaar Mohammad v. The State of Rajasthan, where it was held that in a consensual relationship, if the relationship does not work out, the same cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) of Indian Penal Code.

In this case, the prosecution contended that the complainant-woman was acquainted with the accused-petitioner for 16 months and the said acquaintance became love between her and the petitioner.

It was alleged that the petitioner, on the pretext of love and marrying the de facto complainant, took her to his residence with the consent of his parents and exploited her sexually.

It was alleged that the petitioner and her parents started to avoid the de facto complainant. Further, friends of the petitioner had allegedly threatened her over phone. Hence, a case under Sections 376 (2)(N), 417, 420, 323, 384, 506 read with 109 of the Indian Penal Code was registered against the petitioner and other accused.

Following this, the accused approached the High Court for relief.

Advocate R. Arun Kumar, appeared for the petitioner-accused and Special Assistant Public Prosecutor, Soora Venkata Sainath, appeared for the respondent-State.

The Court noted thus "Perusal of the record shows that there is consent between the de facto complainant and the petitioner and it is also prima facie evident that when the de facto complainant felt that the relationship between her and the petitioner is not going to work out, she filed the present complaint."

Hence, the Court granted bail to the accused while imposing the condition that he shall not directly or indirectly contact the complainant or any other witnesses under any circumstances.

Criminal Petition No.5704 OF 2022, Date- August 12, 2022

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