"You Had Extramarital Affair": Top Court To Woman Accusing Partner Of Rape

The Supreme Court on Wednesday upheld the anticipatory bail of a man accused of raping a woman on the promise of marriage, and instead slammed the woman by telling her she "committed a crime" by having an extramarital affair. The court also warned her that she might be liable for prosecution for having physical relations with a man other than her husband during their marriage.

A bench of Justices M M Sundresh and N Kotiswar Singh made the remarks while hearing the woman's petition seeking the cancellation of the anticipatory bail of the man she accused of rape.

When the woman's counsel argued that the man continued to have physical relations with the woman by falsely promising her marriage, the court told the woman, "You are a married woman and you have two children. You are a mature person, and you understand the relationship that you were building outside marriage."

The counsel then told the court that the man had called her to a hotel many times for intimate acts.

To this, the Supreme Court bench said, "Why did you go to the hotels repeatedly on his request? You very well understand that you also have committed an offence by having a sexual relationship outside the marriage."

The married woman and the man had met in 2016 through social media and had been in a relationship since then. The woman had alleged that she had sought a divorce from her husband under the pressure and insistence of her then partner, which was granted by a family court on March 6 this year.

Shortly after the divorce, the woman asked the man to marry her, but her refused.

Angered by this, she filed a complaint with the Bihar police, accusing him of sexually exploiting her by making a false promise of marriage. As the legal issues began, the Patna High Court had granted an anticipatory bail to the man on finding that the two had not indulged in any intimate activity after the woman's divorce from her husband.

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