Surat Court Acquits Man, Says Refusal To Marry After Consensual Sex Not Rape

After a legal battle that stretched for 3 years, the Surat Sessions Court has acquitted an M. Tech student accused of rape, ruling that refusal to marry after consensual sexual relations can’t be treated as rape.

The court ordered his release, observing that the case arose from a failed relationship rather than coercion.

Case Background

The case dates back to July 2022, when a BBA student from Dindoli lodged a complaint against the accused, a resident of Katargam. She alleged that the 2 met on Instagram, became close, and later engaged in repeated sexual relations after the accused promised to marry her.

When he eventually declined marriage, citing caste differences, she filed a complaint under charges of rape. Police subsequently arrested the youth and filed a chargesheet.

Arguments By The Defence

Defence lawyer Ashwin J. Jogadia argued that the relationship was consensual and not forced. He maintained that the complaint was filed out of disappointment after the breakup.

Jogadia referred to earlier High Court rulings, stressing that sex on the pretext of marriage does not automatically amount to rape unless coercion or deceit is proved.

Court’s Observations

The court accepted the defence’s stance and highlighted several key factors:

The complainant was an educated woman, capable of making her own choices.
Despite knowing about caste-related objections from the accused’s family, she continued the relationship voluntarily.
She willingly provided identity documents at hotels and restaurants while staying with the accused, showing the absence of coercion.

Evidence & Medical Findings

The complainant alleged she became pregnant during the relationship. Evidence of an abortion was placed on record, but DNA tests did not link the accused to her pregnancy.

A doctor who examined her testified that she admitted to having sexual relations with the accused 30–35 times. During cross-examination, the doctor added that in some cases, women may display stronger sexual desires than men—a statement the defence used to cast further doubt on the allegations.

Final Verdict

Considering the evidence, the court ruled that the relationship was consensual and did not constitute rape. It concluded that refusal to marry after such a relationship cannot amount to criminal offence under rape laws.