Women

Woman who indulges in consensual sex can’t charge it as rape: Mumbai court

December 31, 2014 06:48 AM
Woman who indulges in consensual sex can’t charge it as rape: Mumbai court

MUMBAI, Dec. 31: A sessions court recently acquitted a man of charges of rape under the pretext of marriage, taking into consideration the 36-year-old complainant's matured age and her marital status.

Interestingly, the woman had attributed the filing of the case to a "misunderstanding", turned hostile in court and said during the trial that she did not want to proceed against the accused. But judge Razvi had said that even if the case is viewed on merit, the accused deserved an acquittal.

"Obviously, a married lady, a matured woman having two children with her own consent keeps sexual relations with the accused at various time, therefore ingredients of Section 375 (rape) of IPC are not attracted," additional sessions judge Shaida Razvi said in her six-page detailed judgment.

Interestingly, the woman had attributed the filing of the case to a "misunderstanding", turned hostile in court and said during the trial that she did not want to proceed against the accused. But judge Razvi had said that even if the case is viewed on merit, the accused deserved an acquittal.

The case against the accused was registered on March 30, 2013, at the Goregaon police station. The complainant claimed she knew the accused as they lived in the same neighbourhood and that they had been meeting secretly for seven years as the man had a soft corner for her.

She told the police she was married and had two children, both adults now. She had separated from her husband in 2012 after a fight. Her daughter lived with her and the son stayed with her estranged husband.

She alleged that on November 9, 2011, at around 10pm, the accused asked her over to his house. He asked her to marry him and have a sexual relationship with him. When she said she would think it over and was about to leave the house, he shut the door and forced himself on her. He assured her that he would marry her and requested her not to talk about it as it would affect his reputation.

A few days later, the man took her to a lodge, put a mangalsutra around her neck, applied sindoor and said they were now married. He promised he would register the marriage too. After this, they had sex on several occasions at various guesthouses and lodges until February 2013.

On February 18, 2013, she claimed that the accused took her to a flat and rented it claiming they were husband and wife. Despite living together, the accused did not formally marry her and went on giving her false assurances, she claimed, leading her to file the complaint.

The accused, charged with rape and cheating, pleaded not guilty. In court, the woman also did an about-turn. She told the court that on November 4, 2011, it was she who had gone to the house of the accused and had sex with him willingly. The accused never had sex with her under the false pretext of marriage, she added.

 

 

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