Concerned over the rising trend of filing criminal cases after the failure of relationships, the Supreme Court on Friday said that physical intimacy during good times cannot be branded as rape later just because the alliance soured or broke. A bench of Justices B V Nagarathna and R Mahdevan, which discharged a Kerala resident man of charges of rape and cheating, said there is a need to distinguish between cases where sexual consent is legally void from the very outset as it was obtained through deliberate deception and fraud, and where a person experiences retrospective regret for past consensual acts simply because of the end of a relationship. "In such cases, physical intimacy that occurred during the currency of a functioning relationship cannot be retrospectively branded as an act of rape merely because the relationship soured and no longer subsists," the bench said. Such reflections in hindsight on their own are unfortunate and cannot constitute a consensual relationship as a .
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