Saturday, August 28, 2021

Not resisting at first time of sexual assault amounts to pre-consent - while acquitting rape accused: Madras High Court

The Madras High Court recently acquitted a man accused of rape upon finding that the complainant had not resisted at the first time of the alleged sexual assault, which the Court opined, in this case, amounted to 
pre-consent (Chinnapandi v. State).

Evidence on record clearly shows that young girl was seduced to submit herself to carnal pleasures of accused on the promise of marriage. Had the appellant forcibly ravished PW1, she would have given a complaint either immediately or a little later, instead, the complaint in this case (Ex.P1) has been given only, after coming to know about the betrothal of the appellant with another girl. The conviction and sentence slapped on the appellant for the offence under Section 376 IPC is hereby set aside and the appellant is acquitted of the said charge. 

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