Consensual relationship over two years not rape, says Thane court, acquits man

A sessions court in Thane district of Maharashtra acquitted a 33-year-old man accused of rape and cheating, holding that a long-term sexual relationship based on the promise of marriage cannot be construed as rape if it was consensual from the beginning.

During additional hearings, judge Ruby U. Malvankar cleared the accused Shahbaz Mohammad Salim Khan, a resident of Mumbra, of all charges of rape and cheating under the Indian Penal Code (IPC).

A copy of the May 2 order was made available on Sunday, May 11, 2026.

The prosecution alleged that Khan befriended the survivor, a divorcee with two daughters, while she was working at a mall in Thane. Between 2016 and 2018, he had sexual intercourse with her with the promise of marriage, but later broke this promise and threatened the woman.

While acquitting the defendant, the court emphasized that the relationship was consensual and there was no evidence of fraudulent intent.

“A relationship spanning two years is a significant period, and during this period she made no complaints or indicated that she felt cheated. This shows that she was an equal participant in the sexual relationship,” the court ruled. he said.

He further stated that there was no record to show that the accused had any malicious intent to deceive or exploit the complainant from the beginning of the relationship.

The court also observed that the victim’s statements regarding criminal intimidation and intentional insult were “absolutely vague” and lacked “precision and conviction”.

The court stated that the prosecution could not prove the accusations beyond reasonable doubt and decided to immediately release the defendant’s bail bonds and acquit him.