'Classic Example..': Why Bombay HC Quashed This Woman's Rape Complaint

The Bombay High Court quashed a rape case against a 73-year-old man accused of raping a woman from 1987 to 2017. The court said that the woman was in a sexual relationship with the man for 31 years and yet didn't file any complaint until 2018 without explaining the delay. The court said this was a classic case of someone filing a complaint against another once their 'relationship turns sour'. 

As per the reports, the woman used to work in the man's company, starting in 1987. At that time, the man allegedly established a forced sexual relationship with her. As per the FIR, the man raped the woman for 31 years, from 1987 to 2017, at various hotels in Kalyan, Bhiwandi and other places.

The man who was already married declared the woman as her second wife. He promised to marry her and put mangalsutra around her neck in 1993. With these promises, he forbade her from marrying anyone else. 

When the dynamics started deteriorating

However, in 1996, the alleged accused suffered a heart attack. So the woman started looking after the company behind him. But then in September 2017, the mother of the woman was diagnosed with cancer. The woman had to take a leave of absence from her job. 

But when she returned, she found the office and the company shut. She contacted the man and he refused to marry or meet her. He also refused to share documents regarding banking, income tax, an agreement related to a medical shop and the gold 'mangalsutra'.

Court's statement

The court headed by Justices A S Gadkari and Neela Gokhale refused to consider the man guilty. They said the case "clearly indicates a consensual relationship". The bench said, "The parties were indulging in a sexual relationship for as many as 31 years. The complainant has never breathed a word about her alleged objection to the relationship." 

The court further added, "This is a classic case of a relationship between the parties turning sour and thereafter the complainant lodging a police complaint."

Accepted proposal of second marriage even though illegal

The judges said that the FIR indicates that the woman conceded to the promise of a second marriage despite knowing that a second marriage is not allowed by law until divorce is approved. 

"She is adult enough to know the law forbids a second marriage and there is no allegation in the complaint that the accused promised to divorce his first wife and then marry her. Even otherwise, this would purely be wishful thinking on the part of the woman that the accused will marry her after divorcing his existing wife," the court said. 

Hence saying that the woman had opportunities in the past to break away and file a complaint against the man but she didn't, the court quashed the case.