Underlining that there were cases wherein women “converted consensual act as an incident of rape… out of anger and frustration, thereby defeating the very purpose of the provision”, the Delhi High Court has dismissed a plea against the acquittal of a man who had been accused of rape.
“This court has observed on a number of occasions… where both people, out of their free will and choice, develop consensual physical relationship, and when the relationship breaks down… the women use the law as a weapon for vengeance and personal vendetta,” said Justice Pratibha Rani. “This requires a clear demarcation between rape and consensual sex, especially in the case where complaint is that consent was given on promise to marry.”
The matter pertains to a woman who had registered a complaint under sections 328 (causing hurt by poison, etc) and 376 (rape) of the IPC. She then gave a statement before a trial court, saying that the complaint was filed because of “some misunderstanding”. “The physical relations were made with the accused with my own consent… I pray that the accused may be acquitted as he is innocent and did not commit any offence,” she said.
The trial court, in March 2016, acquitted the man, saying that the woman had deposed that he was innocent. She had not assigned any criminal role to the accused, nor did she depose anything incriminating against the accused, the court said.
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