The Supreme Court in its judgement clarified that if there is consensual sex between live- in partners during the relationship it cannot be called as a rape.
The court ruled out framing rape charges on the complaint from a Nurse. There could be a breach of promise to marry and cannot be treated as rape.
A nurse filed a case that she was in a sexual relationship with the doctor as he promised to marry her. This happened during the live-in relationship. She charged that she indulged in a physical relationship as the doctor has promised to marry her.
The Judges explained that there is a clear distinction between rape and consensual sex. They said there is a difference between rape and consensual sex. The accused has not made the promise of marriage with the sole intention of having sex. Such an act does not amount to rape they opined.
The acknowledged consensual physical relationship between the parties would not constitute an offence they said.