Sex during consensual extramarital affair cannot be considered rape: Supreme Court

NEW DELHI: The Supreme Court has quashed a seven-year-old rape case by stating that sex during a consensual extramarital affair cannot be considered as rape. The bench comprising Justices BV Nagarathna and NK Singh observed that it is unfortunate when women, who have been in long-term consensual sexual relationships, come forward with allegations of rape after the relationship breaks down.

The apex court clarified its stance by quashing the rape case registered at Kharghar police station in Mumbai. It was a woman named Vanita N Jadhav who lodged the complaint against the man named Mahesh Damu Khare.

The relationship between Vanita Jadhav, a widow, and Mahesh Damu Khare, a married man, began in 2008. The woman alleged that Khare had engaged in a sexual relationship with her under the promise of marriage. Khare's wife had filed an extortion complaint against Vanita. Following this, Vanita lodged a rape complaint against Khare in March 2017. Quashing the case, the court stated that complaints based on false promises of marriage should be filed promptly and not after prolonged relationships.