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Consensual sex is not rape even if marriage promise is broken: HC

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New Delhi: Incidents of cheating in the name of love are on the rise in the country. At the same time, the Odisha High Court has said that if a consensual physical relationship is established and thereafter the promise of marriage is broken then it cannot be considered rape. The high court quashed the rape charge levelled against a person based in Bhubaneswar.

The complaint against him was brought by a woman. The woman is a friend of the accused man and has been having a marital dispute with her husband for five years. The petitioner was accused of cheating and having sex and not marrying the woman later. Justice R K Patnaik said in the order that the issue of breach of promise had nothing to do with having sex in consensuality. It cannot be called rape.

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