Wednesday, July 7, 2021

Complainant was aware accused was married, freely exercised choice: Madras High Court grants bail to former TN Minister M Manikandan in rape case

Justice M Nirmal Kumar after a preliminary examination of the allegations leveled opined that it was unlikely that the complainant had been inducted into the relationship on the false pretext of marriage.

"The de facto complainant was aware of the fact that the petitioner was a married man ... the defacto complainant had sufficient intelligence to understand the significance of marriage, quality of the act she was consenting and she continued her relationship in secret till lodging of the complaint. The defacto complainant had shown no resistance to the petitioner's overtures. Thus, freely exercised a choice between resistance and assent. Thus, there is a clear distinction between rape and consensual sex," the order stated.

"From the complaint and the materials so far collected, it is seen that though the defacto complainant claims that she was forced to go for abortion, in none of the occasion the petitioner had taken her forcibly or accompanied her during the abortion," the Court said.

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