Woman willingly staying with man can't file rape case if relationship fails: SC

A woman in a relationship with a man and willingly staying with him cannot file a case of rape after the relationship has gone sour, the Supreme Court has said, allowing pre-arrest bail to a man.

A bench of Justices Hemant Gupta and Vikram Nath noted it was an admitted case of the complainant that she was in a relationship with the appellant for a period of four years. Also, her counsel admitted that she was 21 years old when the relationship started.

"In view of the said fact, the complainant has willingly been staying with the appellant and had the relationship. Therefore, now if the relationship is not working out, the same cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) IPC," the bench said.

One Ansaar Mohammad challenged a Rajasthan High Court's order passed on May 19, 2022, which dismissed an application for pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 for the offences under Sections 376(2)(n), 377 and 506 IPC.

The top court granted anticipatory bail to Mohammad accused of rape, unnatural offences and criminal intimidation.

In its order, the High Court's judge had noted, "It is an admitted position that petitioner had made the relation with the complainant by promising to marry her and due to their relation, one female child was born. So, looking at the gravity of offence, I do not consider it a fit case to enlarge the petitioners on anticipatory bail. Hence, the anticipatory bail application is dismissed".