Published on August 17, 2022 at 22:02 IST
A bench consisting of Justice Ravi Cheemalapati of the Andhra Pradesh HC has stated that the failure of a consensual relationship is not a ground for filing an FIR for the offence of rape.
The petitioner was accused of offences under Section 376(2)(N), 323, 384, 417, 420, and 506 along with 109 IPC had sought regular bail.
In support of his contention, the counsel for the petitioner relied on the Supreme Court decision in Ansaar Mohammad v. The State of Rajasthan.
The court stated that the complainant and petitioner were in a consensual relationship, and when the complainant noticed that the relationship was not going to last, she filed the present complaint.
Hence, this cannot be a ground to file a case for rape under Section 376(2) of IPC. The court accordingly granted regular bail to the petitioner.