The Gujarat High Court ruling that consensual sex between a man and a woman does not constitute rape. high court suspended action against an applicant charged under Section 376 of the IPC, Justice Geeta Gopi dismissed the lower court’s order, which had denied an appeal to discharge the applicant from a rape complaint filed at the Gujarat University police station.
A married woman, had befriended the applicant on Facebook. Despite both the complainant and the accused being married to different partners, their relationship grew .
The court observed that the complainant was aware of the consequences of their physical relationship. The complainant’s husband had divorced her due to her relationship, but she continued her relationship. Although the complainant may have hoped to marry the accused, the court noted that no such promise was made. Considering the facts that have emerged, the HC concluded that there is no case against the accused.