A sessions court in Maharashtra’s Thane district has acquitted a 33-year-old man accused of rape and cheating, observing that a consensual relationship spanning over two years on the promise of marriage cannot automatically be treated as rape.
Additional Sessions Judge Ruby U. Malvankar acquitted Shahbaz Mohammad Salim Khan, a resident of Mumbra, of charges under the Indian Penal Code related to rape and cheating. A copy of the May 2 order was made available on Sunday.
According to the prosecution, the accused befriended the complainant, a divorcee with two daughters, while both were employed at a mall in Thane. It was alleged that Khan established physical relations with her between 2016 and 2018 after promising to marry her, but later backed out and allegedly threatened her.
While acquitting the accused, the court underlined the consensual nature of the relationship and noted the absence of evidence suggesting dishonest intentions from the beginning.
“A relationship spanning two years is a substantial period, and throughout this time, she never lodged a complaint nor indicated that she felt cheated. This suggests she was an equal participant in the sexual relationship,” the court observed.
The court further stated that there was nothing on record to show that the accused had any mala fide intention to deceive or exploit the complainant at the inception of the relationship.
The judge also noted that the complainant’s allegations regarding criminal intimidation and intentional insult were vague and lacked certainty and conviction.
Holding that the prosecution failed to establish the charges beyond reasonable doubt, the court ordered the discharge of the accused’s bail bonds and acquitted him of all charges.
