Consensual relationship over two years not rape, says Thane court, acquits man

Thane: A sessions court in Maharashtra's Thane district has acquitted a 33-year-old man accused of rape and cheating, holding that a long-term sexual relationship based on a promise of marriage cannot be construed as rape if it was consensual right from the start.

Additional sessions judge Ruby U Malvankar cleared the accused, Shahbaz Mohammad Salim Khan, a resident of Mumbra, of all charges of rape and cheating under the Indian Penal Code (IPC).

A copy of the order dated May 2 was made available on Sunday.

The prosecution alleged that Khan had befriended the survivor, a divorcee with two daughters, while they were working at a mall in Thane. He established sexual relations with her between 2016 and 2018 with the promise of marriage, but later reneged on the promise and threatened her.

While acquitting the accused, the court highlighted the consensual nature of the relationship and the lack of evidence regarding fraudulent intent.

"A relationship spanning two years is a substantial period, and throughout this time, she never lodged a complaint nor indicated that she felt cheated. This suggests she was an equal participant in the sexual relationship," the court stated.

It further noted that there is nothing on record to demonstrate that the accused harboured a mala fide intention to cheat or exploit the complainant from the inception of the relationship.

The court also observed that the survivor's evidence regarding criminal intimidation and intentional insult was "absolutely vague" and lacked "certainty and conviction".

The court held that the prosecution failed to prove the charges beyond a reasonable doubt, and ordered the immediate discharge of the accused's bail bonds and his acquittal.