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Voluntary Sex cannot be treat as Rape says High Court
By: Tupaki Desk | 12 July 2013 6:56 PM GMT
Mumbai high court on Friday maintained that if a girl is in a sexual relationship with her partner voluntarily then it would not amount to rape.
The high court passed the judgment freeing a 39-year-old Manesh Kotiyan from criminal charges three years after he was arrested for the allegedly raping a woman. Kotiyan was sentenced to 7-years imprisonment by the lower court on rape charge and now the High Court struck down the previous verdict.
"The complainant was fully aware of the consequences when she went to the hotel to celebrate his birthday and she neither shouted for help nor resisted the sexual advances. She admitted to have had a love affair with accused and desired to marry him. Hence, it wouldn't be justifiable to treat it as rape. Section 376 of IPC would not be sustainable in this case," the judge observed while pronouncing the judgement.
Complainant had lodged an FIR on March 27th, 2012 and ever since then the accused has been in custody. She has given birth to a female child in August 2012 and there is no proof either to prove he had at any point disowned the paternity of the child.
The high court passed the judgment freeing a 39-year-old Manesh Kotiyan from criminal charges three years after he was arrested for the allegedly raping a woman. Kotiyan was sentenced to 7-years imprisonment by the lower court on rape charge and now the High Court struck down the previous verdict.
"The complainant was fully aware of the consequences when she went to the hotel to celebrate his birthday and she neither shouted for help nor resisted the sexual advances. She admitted to have had a love affair with accused and desired to marry him. Hence, it wouldn't be justifiable to treat it as rape. Section 376 of IPC would not be sustainable in this case," the judge observed while pronouncing the judgement.
Complainant had lodged an FIR on March 27th, 2012 and ever since then the accused has been in custody. She has given birth to a female child in August 2012 and there is no proof either to prove he had at any point disowned the paternity of the child.
