The Delhi High Court has emphasized the need for courts to distinguish between rape and consensual sex in cases where romantic relationships turn sour. Granting bail to a man accused of rape, criminal intimidation, and other charges by his female co-worker, the court observed that workplace relationships often lead to criminal cases when they fall apart.
Justice Neena Bansal Krishna, in her ruling, highlighted the importance of judicial discretion in such cases. She remarked, “In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the distinction between the offence of rape and consensual sex between two adults.”
The court further stressed that while safeguarding women in workplaces is crucial, legal protections should not be misused. “The Courts have an equal corresponding responsibility to interpret and apply the laws pragmatically to given situations to ensure that the protection of law is a reality and not merely a paper protection,” Justice Krishna stated. She also cautioned against abuse of legal provisions, adding, “A more onerous duty lies on the Courts to also be a watchdog to apply an even hand and deal with a given situation in a manner to prevent its abuse and misuse by any person.”
The case involved a consensual relationship between the complainant and the accused, who had planned to marry. The court noted that the woman had willingly stayed in OYO hotels with the man, presenting her identity card without raising any allegations of misconduct at the time. It was only after the accused discovered that the complainant was involved with someone else and their relationship ended that she filed a criminal case against him, he argued.
Observing that the trial could take time and that the accused had been in custody since May 2024, the court ruled, “The veracity of allegations levelled against the Applicant shall be tried during trial which is likely to take some time. No fruitful purpose would be served in keeping the Applicant behind bars for an inordinate long time.”
While granting bail, the court imposed conditions, including that the accused must stay away from the complainant’s residence and workplace. The ruling once again brings attention to the delicate balance courts must maintain between protecting victims and preventing the misuse of legal provisions in personal disputes.
Case: ABHIJEET KUMAR vs STATE (GOVT. OF NCT OF DELHI) – Available on LAWFYI.IO
