In a recent ruling, Justice Amit Mahajan of the High Court emphasized that consensual sexual relations between adults outside of marriage should not be deemed wrongful. This stance, while conflicting with societal norms that typically advocate for sexual relations within the confines of marriage, underscores the importance of discerning truth amidst allegations of sexual misconduct.
The case in question involved a bail plea from an individual accused of rape. Justice Mahajan, in his decision to grant bail, highlighted the necessity for courts to diligently ascertain the nuances of such cases, particularly when issues of consent and intent are contentious.
The accuser had alleged coercion into sexual relations under the pretext of marriage, only to later discover that the accused was already married with children. Additionally, financial transactions and material exchanges were mentioned, adding complexity to the case.
Justice Mahajan noted the accuser’s adult status during the events and her continued involvement with the accused despite being aware of his marital status. He interpreted this as a deliberate choice rather than coercion, emphasizing the significance of tacit consent.
However, Justice Mahajan clarified that the determination of whether a false promise of marriage was made would be reserved for the trial proceedings, based on the evidence presented.
This ruling sheds light on the complexities inherent in cases of alleged sexual misconduct, urging a thorough examination of facts and context before reaching conclusions that could have profound implications for all parties involved.
