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D. BHARATHA CHAKRAVARTHY
Saravanan – Appellant
Versus
State, by The Deputy Superintendent of Police, Pennagaram Police Station – Respondent
JUDGMENT :
(Prayer : Criminal Appeal filed under Section 374(2) Cr.P.C, praying to set aside the conviction and sentence imposed on the appellant herein in S.No.75 of 2015 by judgement dated 01.11.2016 passed by the learned District Sessions Judge, Dharmapuri, Dharmapuri District and acquit the appellant from all charges.)
1. This Criminal Appeal has been filed to set aside the conviction and sentence imposed on the appellant herein in S.No.75 of 2015 vide judgement dated 01.11.2016, passed by the learned District Sessions Judge, Dharmapuri, Dharmapuri District and acquit the appellant from all charges.
2. On 22.12.2013, when P.W.12 was on duty at Pennagaram Police Station, Dharmapuri District, P.W.1 appeared before her and lodged a complaint to the effect that she is a staff nurse working in a hospital. She got acquainted with the accused. On 20.11.2013, her parents have gone away and on the said night, the accused came to her home and promised to marry her and against her will by forcing her had physical intercourse. Thereafter, the accused went to Hosur for employment promising to return back after a month, but he did not come back and upon contacting him by phone, he refused to
Consent for sexual intercourse is vitiated by misconception of fact, but mutual consent in a relationship does not constitute rape without evidence of malicious intent.
Consent given under a misconception of fact does not equate to coercion; failure to marry post-consent does not invalidate original consent.
Consent in sexual relationships must be scrutinized for deception linked to promises of marriage; a mere breach does not equate to coercion or rape.
Consent given under a misconception of fact does not constitute valid consent; a prolonged consensual relationship negates claims of forceful sexual relations.
Consent given by a victim deeply in love cannot be established as obtained under misrepresentation; the promise of marriage does not negate voluntary consent.
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