Failure Of Relationship Is No Ground for FIR For Repeated Rape When Woman Had Been Willingly Living with Man for Years: Supreme court

[15 July 2022] Remarking that where a woman has willingly been staying with a man and had a relationship with him, and if the relationship is not working out now, the same cannot be a ground for lodging an FIR for the offence of committing rape repeatedly on the same woman (Section 376(2)(n)), the Supreme Court on Thursday granted pre-arrest bail to the man accused of rape for failing to fulfil promise to marry in a relationship where even a child was born.

The bench of Justices Gupta and Vikram Nath noted that is the admitted case of the complainant that she was in a relationship with the appellant for a period of four years. Further, it noted that it was admitted by the advocate for the complainant that when the relationship started, she was 21 years of age.

In view of the said fact, the bench observed that the complainant has willingly been staying with the appellant and had the relationship. “Therefore, now if the relationship is not working out, the same cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) IPC”, declared the bench.