Thane Court Acquits Man: Consensual Relationship Over Two Years Not Rape

A sessions court in Thane, Maharashtra, has acquitted a 33-year-old man accused of rape and cheating under the Indian Penal Code (IPC). The accused, Shahbaz Mohammad Salim Khan from Mumbra, was cleared of all charges. The court ruled that a long-term consensual sexual relationship based on a promise of marriage does not constitute rape if it was consensual from the beginning.

The prosecution alleged that Khan befriended the survivor, a divorcee with two daughters, while they worked at a mall in Thane. He established sexual relations with her between 2016 and 2018 with a promise of marriage, but later refused to marry her and threatened her. The court, however, highlighted the consensual nature of the relationship and the lack of evidence of fraudulent intent.

Additional Sessions Judge Ruby U Malvankar stated that a two-year relationship is a substantial period, and the survivor never lodged a complaint nor indicated feeling cheated during that time. This suggests she was an equal participant in the sexual relationship. The court also noted no evidence that the accused had a mala fide intention to cheat or exploit the complainant from the start.

The court observed that the survivor's evidence regarding criminal intimidation and intentional insult was "absolutely vague" and lacked "certainty and conviction." The prosecution failed to prove the charges beyond a reasonable doubt. Consequently, the court ordered the immediate discharge of the accused's bail bonds and his acquittal.