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The Kerala Excessive Court docket mentioned within the absence of every other proof on the aspect of the prosecution, the conduct of the accused can solely be handled as a breach of promise.(Shutterstock)

Permitting an enchantment filed by the 35-year-old man, Justices held that this was not a case of forcible sexual act as in opposition to her will however a sexual act on a promise to marry the place the consent is implicit

  • PTI Kochi
  • Final Up to date:April 07, 2022, 00:03 IST
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The Kerala Excessive Court docket has acquitted a person whom a trial court docket convicted of raping his lover. The Excessive Court docket held that intercourse on promise to marry will quantity to rape provided that the accused has violated the decisional autonomy of the sufferer. Permitting an enchantment filed by the 35-year-old man, Justices A Muhamed Mustaque and Kauser Edappagath held that this was not a case of forcible sexual act as in opposition to her will however a sexual act on a promise to marry the place the consent is implicit. Setting apart the life imprisonment awarded by the trial court docket, the Excessive Court docket, in its March 30 order, mentioned the sufferer and the accused have been in a relationship for greater than 10 years and the sexual act solely occurred simply earlier than the preparation for the wedding was made. He had sexual activity with the sufferer on three events.

“The prosecution proof itself would present that there was resistance from the dad and mom of the accused to just accept the wedding with out dowry. That will present that the sexual act dedicated by the accused was with actual intention to marry the sufferer and he couldn’t maintain on to his promise attributable to resistance from his household,” the court docket mentioned. It mentioned within the absence of every other proof on the aspect of the prosecution, the conduct of the accused can solely be handled as a breach of promise. “In gentle of the discussions, we’re of the view that the accused is entitled to learn of doubt because the prosecution has didn’t show the sexual act was on a false promise to marry or the consent was obtained by non-disclosure of fabric info,” the court docket mentioned.

Noting that the prosecutrix had not acknowledged something in proof to represent the foundational info for attracting the presumption underneath Part 114-A of the Proof Act, the Excessive Court docket mentioned, “Merely given that the accused contracted one other marriage instantly after the sexual act with the sufferer can not give rise to the presumption of lack of consent. We can not ignore the social circumstances of the events.” The court docket mentioned the shortage of consent needs to be acknowledged by the prosecutrix. The trial court docket had sentenced the person to endure imprisonment for all times and to pay a wonderful of Rs 50,000. The court docket was listening to an enchantment moved by a person in opposition to the order of a trial court docket which had convicted him of offence underneath Part 376 (punishment for rape) of the IPC and sentenced to endure imprisonment for all times and to pay a wonderful of Rs 50,000.

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