It was love, not rape, says SC while exonerating Jharkhand man of charges in rape case filed in 1999: Report

The Supreme Court on Monday exonerated a Jharkhand man from charges of rape and illegal confinement in a 1999 rape case stating that the consent of the complainant was a conscious and deliberate choice following her 'deep-seated love' for the appellant.

As per a News18 report, a Supreme Court bench, headed by Justice RF Nariman, said, “We have no hesitation in concluding that the consent of the prosecutrix was but a conscious and deliberated choice, as distinct from an involuntary action or denial and which opportunity was available to her, because of her deep-seated love for the appellant… Leading her to willingly permit him liberties with her body, which according to normal human behaviour are permitted only to a person with whom one is deeply in love.”

The bench also mentioned that “they professed different religious beliefs in a traditional society. The nature and manner of allegations, coupled with the letters exchanged between them, make it apparent that their love for each other grew and matured over a sufficient period of time.”

The Jharkhand man was held guilty by a trial court and was sentenced to seven years in jail even though the complaint against him was from four years before the case was filed.

The top court noted that the woman had gone to the police only a week before the man was about to get married to someone else and not four years earlier when the incidents occurred.

“But the appellant did not make any false promise or intentional misrepresentation of marriage leading to the establishment of the physical relationship between the parties. The prosecutrix was aware of the obstacles in their relationship because of different religious beliefs,” said the bench.

Since the entire pretext of the case looked doubtful, the man was exonerated of all allegations and charges against him.

The apex court also rejected the woman’s testimony stating that she was forced into the sexual relationship and that her consent was either out of fear or obtained under the false pretext of marriage.

The judgment added, “They were both smitten by each other and passions of youth ruled over their minds and emotions. The physical relations that followed were not isolated or sporadic in nature, but regular over the years. The prosecutrix had even gone and resided in the house of the appellant.”

The Jharkhand High Court had agreed with the judgment passed by the trial court, despite the man presenting love letters between the two as evidence and the fact that the complainant had willingly stayed with him at his house for a fortnight.

The Supreme Court bench termed Jharkhand High Court's failure to access the evidence suitably 'unfortunate'.