Allow Cookies!
By using our website, you agree to the use of cookies
|
While acquitting rape suspects, the Madras High Court ruled that not resisting sexual attack at the outset constitutes pre-consent The Court took into account the fact that the accused and the complainant were dating and that the rape accusations surfaced only after the accused declined to marry the complainant shortly after she got pregnant. The Madras High Court recently acquitted a man accused of rape after determining that the plaintiff did not fight the claimed sexual attack at the outset, which the Court deemed to be pre-consent in this case (Chinnapandi v. State).
In this case, the Court found that:
The Madras High Court's Justice R Pongiappan went on to say that the complainant and the accused had been having an affair for a year and that there was no proof that the accused had pledged to marry the plaintiff within a specified time frame. As a result, the court determined that the lady had granted pre-consent for the sexual act: "Therefore, the accused's failure to raise resistance at the time of performing the sexual assault for the first time amounts to pre-consent."
As a result, the victim girl's assent cannot be considered a misrepresentation of facts," the Court stated. The Court also raised doubts about the veracity of the complainant's claims, considering that she was said to have had her monthly period little over a month after the claimed rape event. The judge then proceeded to reverse the man's conviction in the trial court and acquit him of all charges. The complainant had made claims of dowry demands against the accused's parents, but those charges had previously been dismissed by the trial court.
Tags : #Madras High Court #Rape #Consent #Sexual Assault #Justice R Pongiappan
Allow Cookies!By using our website, you agree to the use of cookies
Copyright Kalyan Krishna MediaZ Private Limited. All rights reserved. Unless otherwise indicated, all materials on these pages are copyrighted by Kalyan Krishna MediaZ Private Limited. All rights reserved. No part of these pages, either text or image may be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.