In a bizarre state of events, the Kerala HC has acquitted a man, who was accused of raping a 27-year-old well-educated woman by making false promises of marriage.
The HC based its decision on the grounds that it was difficult to believe that an engineering graduate was so easily deceived on a promise of marriage and had sexual intercourse with the accused on many occasions, three or four of which were at her residence, when her parents were away.
Further the court stated that even a common lady or an uneducated lady cannot be deceived more than once or twice on a promise of marriage.
In the present case, the allegation against the accused was that he took the lady to a hotel at Ernakulam, where he subjected her to sexual intercourse in a room forcefully, and thereafter, on three occasions at her residence on the promise that he would marry her. The sessions court convicted the accused for seven years' imprisonment.
The HC, referring to an e-mail conversation between the accused and the lady, observed that the intimacy or affair between them was illicit and unholy and that as part of this affair, she had submitted herself to him on many occasions with full consent and will.
The court observed that, when some difference of opinion cropped up between the accused and the victim and the accused retracted from the affair for reasons known to them alone where after she made a complaint alleging rape.
Taking a similar stand, the Delhi HC had recently ruled, that if a woman consents to have sexual relations with a married man, who promises to marry her, continues the relationship and gets impregnated, then it is an act of promiscuity and not rape.
OUR TAKE
The decision taken by the HC is quite acceptable in the present matter as well as in such other matters where the victim is an educated adult female, who is well aware of her actions and the probable consequences of the same. Women must understand that when you consent for sexual intercourse, you cannot hold your partner liable for it neither can you legally accuse him every time your relationship does not work.
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