In a recent ruling, the Delhi High Court has asserted that while societal norms often prescribe sexual relations within marriage, no wrongdoing can be attributed if such interactions occur between consenting adults, irrespective of their marital status. This declaration came as the court granted bail to a married man accused of rape on false pretenses of marriage.Under what circumstance SC ruling is applicableThe court emphasized the impact of consent, highlighting that the prosecutrixs decision to continue the relationship after learning of the accuseds marital status suggested prima facie consent. Justice Amit Mahajan, in the order issued on April 29, stated that no evidence was presented to substantiate claims of forceful coercion.Examining the timing of the complaint and the prosecutrixs actions, the court noted a big lapse of almost fifteen months between the alleged incidents and the filing of the FIR. Furthermore, the prosecutrixs conduct did not indicate any sign of duress but rather demonstrated deliberate decision-making.While acknowledging the gravity of the alleged offense, the court reiterated that the purpose of detention is not punitive but to ensure the accuseds presence during trial proceedings. It cautioned against false accusations, which not only tarnish the accuseds reputation but also undermine the credibility of genuine cases.Considerations for releaseConsidering factors such as the accuseds age, family responsibilities, and the duration of custody, the court deemed continued detention unnecessary. It emphasized the importance of diligently evaluating allegations, particularly concerning consent and intent, to uphold justice and prevent unjust incarceration.
