Rape in false promise of marriage during ten years of relationship and later married to another woman. These are the gist of allegation made by a woman against me. She is a drug dealer in the vicinity of primary health centre. I am a doctor and employed in the Uttar Pradesh government, currently posted in PHC. Since, the lady is a drug dealer she used to visit the PHC. We have developed a good relationship. I have opened a hospital in the same town. Due to relationship I prefer to send patients to her medical store. She has been earning well due to my support. That lady spread a rumor in the vicinity that we will marry very soon.
When I saw that she is planning to do some illegal act or trying to blackmail me, I married to another woman. I have never promised her for marriage. Our relationship was consensual. I never reject that there was no sexual intercourse. Therefore, she lodge FIR for rape in false promise of marriage during the ten years of physical relationship. The police officer has lodged the FIR and carried on investigation. I am not able to go my hospital.
Asked from: Uttar Pradesh
The complainant is an adult and can understand the difference between right and wrong. At first glance, it appears that the sexual relationship was consensual. A physical relationship that lasted for ten years shows that there was no force, cheating, or fraud by the accused. The complainant continued this long-term relationship and never raised any complaints, which shows that she gave her consent willingly. In the case of Deepak Gulati vs State of Haryana (2013), the Supreme Court stated that:
If a woman agrees to have sexual intercourse because of love and not due to any false promises, then it must be seen differently. Sometimes, an accused may not be able to marry the woman due to unexpected or uncontrollable circumstances. In such cases, the accused can only be punished for rape if the court believes he had bad intentions and hidden motives from the beginning.
In this case, the complainant remained silent for ten years about the alleged sexual abuse. She spoke out only after learning that the accused had married someone else. These facts suggest that the sexual relationship was consensual. According to the law, consensual sex between two adults is not considered rape.
However, the police may still arrest you due to the current situation. You should file a writ petition in the High Court under Article 226 of the Constitution to seek protection from arrest. At this stage, it is not possible to quash the FIR because it was filed just after your marriage. Let the investigation proceed. If a charge sheet is filed without proper evidence, you can later approach the High Court to quash it (charge sheet) under Section 528 of the BNSS.
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