In Brief
A retired judicial officer was accused of rape and cheating based on allegations that he had a physical relationship with a woman after falsely promising marriage. The Supreme Court allowed his appeal and terminated the proceedings at the discharge stage. The Court held that the relationship was consensual between two mature, educated adults who were well aware of each other's circumstances. The woman knew the appellant was in a subsisting marriage and voluntarily maintained the relationship for over a year. A mere unfulfilled promise of marriage between consenting adults does not vitiate consent or constitute rape. The Court found that initiating criminal proceedings when consensual relationships break down amounts to abuse of process and should be discouraged."
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