LI
Published on: April 5 at 17:58 IST
As per the Court, just because the man has married to another woman immediately after a Sexual Act with the Victim, it can’t give rise to the Presumption of Lack of Consent.
The Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath stated that if the Material Facts are not Disclosed by the Accused which will further affect the Consent will amount to a Violation of a Woman’s Sexual Autonomy.
The Accused should be able to prove the uncertainty the Marriage, added the Bench. It also remarked that the Provision of Rape under Indian Penal Code is not Gender-neutral which means a woman’s False Promise to marry is not comparable to that of a man.
These Observations were made by the Bench while dealing with an Appeal filed by a person Convicted for Rape under Section 376 Indian Penal Code and was Sentenced to Life Imprisonment.
Going through the Facts of the Case, the Court opined that the Sexual Act was committed by the Accused with a real intention to marry the victim and was not able to fulfil the same due to family pressure and the fact that the couple was in a significantly long relationship indicates the same.
Thus, the Court set aside the Order of Conviction and Proceeded to release the Appellant in the instant Case.
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