The Supreme Court has granted interim protection to a man accused of rape, returning the focus to its earlier decisions that consensual sex following a ‘genuine’ but unfulfilled promise to marry does not amount to rape.
A Bench headed by Justice Vikram Nath recently ordered the Maharashtra Police not to take any “coercive measures against the petitioner, provided he extends all cooperation in the investigation”.
“The present case is based on a promise to marry and the subsequent break-up of the relationship. Every breach of promise to marry cannot be said to be cheating or rape,” argued an anticipatory bail plea filed by the man, who is represented by advocate Sana Raees Khan, M.S. Vishnu Shankar, and Sriram Parakkat. “A couple in love with each other may have a sexual relationship and later on realise they are not compatible with each other. Their earlier physical contact cannot be called rape,” the plea said.
