During their contact in a hotel room, the complainant-woman asserted that she had revoked her consent for sexual relations.
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Recently, the Karnataka High Court dismissed a rape case against a 23-year-old young man who was arrested after a woman complained that she had withdrawn her consent to have sex with him while they were in a hotel room.
After stating that the complainant-woman, whom he had met through the dating app Bumble, and he had a consensual sexual connection, Justice M Nagaprasanna issued the decision.
The accused's argument that the police had disregarded his conversations with the woman was noted by the sole judge.
"Neither can the chats be replicated during the order, nor are they in good taste. It would only indicate that the activities between the petitioner and the 2nd respondent/complainant are completely consensual,” the single-judge said, while ruling in favour of the accused man on October 25.
A year ago, the accused and the woman connected on the dating app Bumble and continued to communicate on Instagram. According to the woman's police complaint dated August 13, they agreed to meet in person on August 11 and proceeded to a hotel after picking her up from her apartment.
She went on to say that she immediately refused to consent to sexual activity when he began to woo her.
She claimed, however, that the accused raped her after ignoring her stated withdrawal of consent. He is reported to have dropped her off at home the following morning. She later experienced pain and visited a hospital, according to the complaint. She then complained, which resulted in the filing of a criminal prosecution under Bharatiya Nyaya Sanhita (BNS) Section 64.
The accused's attorney said that the complainant, who has been active on Bumble for a long time, and he had simply engaged in consensual behavior. The State, however, objected to the case being quashed, arguing that the accused need to establish his innocence at trial.
The sole judge went on and dismissed the rape case after taking into account the nature of chats and the Supreme Court's established law.
The Apex Court has clearly distinguished between a serious accusation of rape and consensual intimacy in the instances mentioned above. Even if it ends in disappointment, a relationship that was formed out of mutual consent cannot, with rare exceptions, be turned into a criminal offense. The Court declared that allowing the current prosecution to drag itself out until a trial would be nothing more than a ceremonial march toward a miscarriage of justice and would even amount to an abuse of the legal system.
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