Woman can't file rape case after living together with her will: SC
Woman can't file rape case after living together with her will: SC
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 New Delhi: In a significant observation in a case, the top court on Thursday said that if the woman is in a relationship with a man and lives with him with her consent, then she cannot file a case of rape if there is a rift in the relationship. A bench of Justices Hemant Gupta and Vikram Nath said this. With this, the court granted bail to the accused Ansar Mohammad before his arrest.

The court, in its order, said that the woman who made the complaint lived with the petitioner with her consent. So today, when the relationship is not going well, an FIR under Section 376(2) of the IPC cannot be lodged on this basis. Earlier, the Rajasthan High Court had refused to grant bail to the man. However, the Supreme Court granted him bail while dismissing the high court's decision. In fact, Ansar Mohammed had earlier filed a petition in the Rajasthan High Court but was not granted bail under Section 438 of the CRPC.  

On May 19, the Rajasthan High Court said that the petitioner had confessed that he had physical relations with the woman by promising marriage and that they also had a daughter. In view of this offence, we do not think that anticipatory bail should be granted to the petitioner. Therefore, the petition is dismissed. At the same time, the Supreme Court has said that they were in a relationship for four years. The woman was 21 years old when she started living with Ansar. In view of this, the Supreme Court granted bail to the accused.  

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