Consensual Sex is Not Rape : Delhi HC

The Delhi High Court, while granting bail to a married man accused of rape, emphasized that sexual activity between consenting adults, regardless of marital status, does not constitute wrongdoing.

The court highlighted that the prosecutrix's willingness to continue the relationship despite knowing the accused's marital status indicated consent.

It stressed that while societal norms prefer sexual relations within marriage, consensual activity between adults should not be condemned.

Additionally, the court noted the delay in filing the FIR and the prosecutrix's actions did not suggest coercion.

It emphasized the need for careful evaluation of allegations, especially concerning consent and intent, to avoid tarnishing reputations and undermining genuine cases.

Considering the accused's family responsibilities and custody duration, the court deemed continued detention unnecessary.

In Brief:

1. Delhi High Court grants bail to a married man accused of rape.

2. Emphasizes that consensual sexual activity between adults, regardless of marital status, is not wrongful.

3. Highlights prosecutrix's willingness to continue the relationship despite knowing the accused's marital status as indicative of consent.

4. Acknowledges societal preference for sexual relations within marriage but stresses that consensual activity between adults should not be condemned.

5. Notes delay in filing FIR and absence of evidence suggesting coercion.

6. Emphasizes careful evaluation of allegations, especially regarding consent and intent, to avoid harming reputations and undermining genuine cases.

7. Considers accused's family responsibilities and custody duration, deeming continued detention unnecessary.