Mumbai HC: Not correct for girls to allege rape after enjoying sex

Mumbai, Dec 29, 2014: In a land mark judgement, Mumbai High Court ruled today that it is not correct for girls to come out with allegations of rape against their boy friends at a later date after enjoying sex with them with mutual consent intially. Granting anticipatory bail to an advocate in a case of allegations of rape made against him by his former girl friend who is also an advocate, Justice Mrudula Bhatka opined that it has become common for educated girls to have pre-marital sex with their boy friends with mutual consent and then come out with allegations of rape after their break-up. "Courts can not be oblivious to this growing phenomenon in the society especially when the law is recognizing live-in relationships. But whether a couple has had sex with mutual consent or not differs from case to case. We can not apply same principle to all such cases. Each case we have to study separate, " she said. In this particular case, the court feels the couple had enjoyed sex with mutual consent and it can't be called rape, she ruled and granted bail to the male partner in the case. The couple knew each other since 1999 and had enjoyed sexual pleasures for several years since 2006. But, after the man had married another girl, she lodged a police complaint in 2013 saying that her male friend had raped her for several years promising to marry her.