Headline
The Supreme Court of India overturns the case of rape and acknowledges consensual physical relationship.
Summary
The Supreme Court of India quashed a case of rape, stating that a prolonged physical relationship between a couple, where the female partner does not contend on marriage, itself shows mutual consent rather than a fake promise of marriage.
Key Facts
- Case Name: Mahesh Damu Khare v. State of Maharashtra and Another
- Judges Name: Justice BV Nagarathna and Justice N Kotiswar Singh
- The Supreme Court of India observed that a woman may be involved in a physical relationship for reasons other than the commitment of marriage.
- The complainant claimed the accused forced sex on the ground of a fake promise to marry.
Legal Insights
The Supreme Court of India distinguishes between consensual relationships and those who are involved in fake promises of marriage. It stresses that a prolonged relationship without opposition from the female partner nullifies criminal intent.
Impact
This ruling of the Supreme Court sets a legal precedent in acknowledging the difference between consensual sexual relationships and those based on false promises of marriage.
Why It Matters
The decision focuses on the significance of properly evaluating the specifics of each case to stop the abuse of criminal law in consensual relationships.
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