How can rape occur if they live together for quite some time? Asks HC
Submission of a woman to her lover to have physical relationship or any relationship between two persons who have become majors on an expectation to marry on a future date by itself cannot constitute an offence of rape, the Kerala High Court ruled.
A youth named Jinu was in love with a young woman. They lived together as husband and wife and hoped to get married, involving in sexual relationships.
However, the relationship strained. Upon her complaint, the Thiruvalla police registered a case of rape and filed an FIR in the Magistrate court. She alleged that he promised to marry her.
Meanwhile, the misunderstandings were amicably settled. The young man then approached the High Court to get the case at the Magistrate court quashed.
The young girl was taken to the Magistrate court upon the police case. Her statement was recorded under Section 164 of the IPC. She asserted that she had no complaint against her lover and does not intend to pursue the matter. She had never uttered a complaint of rape.
Then the Magistrate asked her whether she was giving a statement on her own accord or was she under pressure to give a different version. She then replied that she was giving a statement on her volition.
The High Court examined the statement meticulously and observed that she had no allegation that her lover had raped her. In such circumstances, the High Court said that the offence of rape does not stand and that the case in the Magistrate court be quashed.
The High Court said both were living together as husband and wife with a hope to get married soon.
The High Court observed that the situation being so, since both were majors, there cannot be an offence constituting rape. The Court said that as per judgments of the Supreme Court, the offence of rape as alleged by the police complaint will not stand.