September 21, 2024

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Consensual intercourse in relationship will not be thought of as rape, says Orissa High Court

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The courtroom highlighted that participating in sexual relation with the promise of marriage in a wholesome relationship will not be incorrect.


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Bhubaneswar: In a current judgement, the Orissa High Court has highlighted the excellence between sustaining consensual sexual relationships with the promise of marriage and fascinating in sexual relations beneath false pretenses for malicious functions.

The ruling was heard after contemplating a case filed at Lakshmi Sagar Police station in Bhubaneswar. A lady lodged a criticism towards her boyfriend, accusing him of misbehaving along with her. The accused was arrested beneath part 376 of the Indian Penal Code (IPC).

The accused, recognized as Manoranjan Das, challenged these allegations on the High Court. Upon investigating the matter, the lodged FIR was nullified on account of lack of concrete proof. Justice Radhakhrishna Patnaik stated that the proof was not sufficient to counsel that Das had made any guarantees to interact in sexual relations.

Further, it was emphasised that the costs of Section 376 of IPC would have been relevant if sexual relations had been established with any malicious intent. Considering the extent of schooling and established skilled profession of each the concerned events, the courtroom decided that each events have been nicely conscious of the potential future implications of their relationship. The courtroom additionally dominated that the lodged case towards the person was unwarranted.

The courtroom highlighted that whereas participating in sexual relation with the promise of marriage in a wholesome relationship will not be incorrect, indulging in sexual relations with malicious intentions is a matter solely completely different.