Recently, Bombay set aside the trial court’s judgement refusing to discharge a man under “section 376, 323” of Indian penal code on a complaint by his 27 year old girlfriend.
When two people are in a relationship and putting or investing equal time and efforts, one person cannot be blamed on the grounds of rape.
The complainant alleged that she met him in through Orkut in 2008 and two fell in love with each other by 2013. Their parents are very well aware about their relationship.
According to the complainant she permitted the relationship and made sexual relationship on the assurance of marriage. She claimed that when she asked for it he refused to do so.This increased their personal grudges and their relationship turned sour, so she registered a FIR against the accused under “section 376 and 323” of Indian penal code.
Senior Advocate Girish Kulkarni appeared for the man and APP PN Dabholkar appeared for the State.
The court observed that two people cannot be in a relationship only for sex there is consensual consent and acts. The period of the relationship is 8 years, court said that nothing has been done forcibly and she cannot accuse him on the fact that she was in a relationship with him on the misconception of the fact that he will marry her.
The consent given by her to make sexual relationship is voluntary and by her free will. And it was clearly mentioned in the “section 375” that if the consent is not made by her free will or taken with the fear of hurt or injury than the person can be held liable for Rape.
Here, the judges noted that she was a 27 year old girl. At this age one is matured enough to know the consequences and her consent to come in a relationship is free so, claiming that she is in a misconception that he will marry her does not give enough weightage to the allegations she made. The court held that this is not the sufficient cause to make him liable or charging him under section 376 of Indian penal code.
Therefore, the trial court’s refusal to discharge the Accused by exercising power available “cannot be said to be justifiable exercise.
Written by- Jyoti student of BALLB (2nd semester) at Army institute of law, Mohali
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