Monday, December 29, 2014

Woman who had consensual sex can't cry rape

 A sessions court in Mumbai 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.

"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.

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