Why Karnataka High Court refused to quash rape case over ‘consensual’ sex claim

The Karnataka High Court denied a request to dismiss a rape case against a 28-year-old man who maintains that the sexual encounter with the complainant was consensual. The court deemed whether consent was given or obtained forcibly as a disputed fact that can only be resolved at trial. Justice M Nagaprasanna ruled that the event in question, which occurred between April 19 and April 21, 2024, was a singular instance rather than a prolonged relationship with repeated consensual acts.

The court stated that it cannot decide the disputed fact through Section 528 of the BNSS/Section 482 of the CrPC, as it requires evidence. The man and the woman, a medical coder from Bengaluru, allegedly met on April 19, 2024, booked a hotel, and the woman claimed sexual relations ensued, which she alleges were non-consensual. She lodged a complaint on May 1, 2024, leading to the registration of a case under an Indian Penal Code provision that criminalizes rape.

The accused argued in court that the relationship was consensual and that their interactions were based on a friendship with potential marriage. However, the complainant refuted this, stating the man had promised marriage, which he subsequently reneged on, and that the sexual act occurred without her consent.