Consensual sexual intercourse is not rape, Calcutta HC rejects lower court decision

The Calcutta High Court rejected the judgment of Baharampur District Court. It also clarified that consensual physical intercourse cannot be called rape

West Bengal's Bahrampur court sentenced the accused in 2021 for raping a minor girl. Against this, the accused in the Calcutta High Court filed a review petition in the bench of Justice Devanshu Basak and Justice Shabbar Rashidi of the Calcutta High Court. In that case, the High Court acquitted the accused in the lower court and said that the two had consensual intercourse. It may not be rape.

Not only this, the High Court also questioned the girl's age. The Calcutta High Court said that the complainant who is talking. She does not match her age. The complainant alleged that the accused raped her several times.

It was alleged that when she was 13 years old, a man raped the girl several times in a village. Later during the hearing it was revealed that the current age of the girl is 37 years. It is also clear that a false case of rape was filed to force the marriage.

Calcutta High Court said - Consensual sexual intercourse is not rape

The complainant's father, mother and sister also did not say anything clearly about the rape in the court. After looking into all the aspects, the High Court said that in this case both of them had sexual relations with their consent and the court acquitted the accused of rape.

The Calcutta High Court held that the DNA test report proved that the appellant was the father of the child born to the victim. However, the court said that the claim of rape has not been confirmed by any other witness.

Earlier, the Calcutta High Court had recently said in a judgment that living in a relationship after divorce by promising marriage is not cheating nor can it be called rape. After that decision, the High Court again gave an important decision. The court has made it clear in its judgment that a consensual relationship cannot be called rape.