Thane Court Acquits Man in Rape Case, Cites Consensual Two-Year Relationship

A sessions court in Thane, Maharashtra, has acquitted Shahbaz Mohammad Salim Khan, 33, of charges of rape and cheating, ruling that a two-year sexual relationship with the complainant was consensual and could not be classified as rape under the Indian Penal Code. Additional Sessions Judge Ruby U. Malvankar held that the prolonged nature of the relationship between 2016 and 2018 negated claims of deception or coercion.

The court dismissed allegations that Khan, a resident of Mumbra, had promised marriage to the survivor, a divorcee with two daughters, while working at a mall in Thane, and later reneged on that promise. Judge Malvankar noted that the complainant did not file a complaint during the relationship and that there was no evidence to prove mala fide intent from the outset. The court also found her claims of criminal intimidation and insult to be vague and lacking credibility.

The prosecution failed to establish the charges beyond reasonable doubt, the verdict stated, leading to Khan's acquittal and the immediate discharge of his bail bonds. The order, dated May 2, 2026, was made public on May 11, 2026.

The court's decision underscores that consensual sexual relations, even based on a broken promise of marriage, do not constitute rape unless fraud or force is proven at the inception of the relationship. Legal experts say the judgment aligns with precedents that distinguish between emotional betrayal and criminal deception.

The accused has been formally discharged, and no further legal proceedings are expected unless an appeal is filed by the prosecution.