Pune Sessions Court Frees Rape Accused, Says Consent in Live-In Relation Can’t Be Criminalized

Pune, 09th July 2025: Pune Sessions Court has discharged Tushar Manohar Bide, accused in a rape case filed under Section 376 of the Indian Penal Code (IPC), after observing that the relationship between the accused and the complainant appeared to be a long-standing consensual relationship between two adults.

The discharge application was filed by Bide in September 2019 under Section 227 of the Criminal Procedure Code (CrPC), and the court delivered its ruling on July 1, 2025. The case originated from an FIR registered on April 4, 2017, at Nigadi Police Station, following a complaint by the informant alleging sexual assault under the pretext of marriage.

According to the prosecution’s case, the informant met the accused during a Ganesh festival in Nasik in 2013. The two developed a romantic relationship, which continued even after the accused relocated to Nandurbar and the complainant took up employment in Pune. On July 4, 2014, during a visit to Pune to celebrate his birthday, the accused allegedly committed the act of sexual assault at a hotel in Bhumkar Chowk after promising marriage.

Subsequently, both parties reportedly continued their relationship, cohabiting at a rented flat in Pune from April 2016. The complainant alleged that physical relations continued for several months under repeated assurances of marriage. The accused later relocated to Madhya Pradesh for employment, but reportedly continued to visit and maintain the relationship.

The relationship deteriorated when, in March 2017, the complainant was informed of the accused’s engagement to another woman. This led to a police complaint being lodged in April 2017.

During the hearing, the defence argued that the relationship was consensual and sustained over a prolonged period, citing no dishonest inducement. The court observed that both parties were adults and had engaged in physical relations over several years, including cohabitation, and noted the absence of material indicating rape as defined under Section 375 of IPC.

In support of its decision, the court referred to a Supreme Court judgment in Ravish Singh Rana vs. State of Uttarakhand, where the FIR was quashed in similar circumstances.

In its order, the court stated:

“There is no material to frame charge against the accused of rape which is punishable under Section 376 of IPC. Application is allowed. Accused Tushar Manohar Bide is discharged. Proceeding is closed. Surety is discharged.”

The order was passed by Additional Sessions Judge P. R. Choudhary.