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"Physical relations during love affair are not rape": Allahabad High Court's big decision

Webdunia
Wednesday, 20 September 2023 (12:36 IST)
In a major decision, Allahabad High Court said that physical relations during love affair cannot be classified as rape. While hearing the plea of a girl, the High Court has clearly said that physical relations during love affair is not rape.

In the plea, the girl has alleged that she had an affair with a young man. During this time the accused raped her and then later refused to marry her. The case was registered in Sant Kabir Nagar police station after which the matter reached the High Court.

The High Court heard the arguments of both the parties and rejected the girl's plea saying the victim girl was an adult at the time of the said rape and had entered into a physical relationship with the accused with her own free will, hence, such a relationship cannot be termed as rape.

The victim girl is a resident of Sant Kabir Nagar. She made a complaint to the police that she had gone to Gorakhpur in 2008 for her sister's wedding where she met the accused and then both of them fell in love and the accused raped her on the pretext of marriage. The victim girl had said in her statement that after a few days, the accused's family sent him to Saudi for business, but when he returned, he refused to marry her.

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