Consensual physical relations do not amount to rape: HC

Mumbai: An educated woman is mature enough to understand the consequences of having physical relations with her partner and such cases will not fall under the ambit of rape, the Bombay High Court said on Thursday while granting anticipatory bail to a 25-year-old man.

Justice Mridula Bhatkar was hearing the anticipatory bail plea of the youth from Solapur claiming he was in a relationship with the 24-year-old woman from Mumbai and when he broke up with her she lodged an FIR against him in October last with the suburban Goregaon police on charges of rape, cheating and criminal intimidation.

According to the woman's lawyer Aniket Nikam, the couple met in March 2015 and fell in love. “The boy on the false pretext of marriage forced the girl into a physical relation. When the girl conceived in May 2015 the boy forced her to get an abortion and later ended all relations with her”, Nikam said.

The court was, however, of a different view and said, “In such matters I am of the view that it is consensual and hence, bail should be granted. I know our society has certain taboos. But if you consider western culture then this is consensual. This is not rape. When the woman is educated and mature she can say no. When you (girl) say yes then it becomes mutual”, Justice Bhatkar said.

The court while granting the man bail on a surety of Rs 25,000 directed him to not contact the girl or harass her or her family members in any manner.

PTI