HC says non-resistance at time of sexual assault amounts to pre-consent

HC says non-resistance at time of sexual assault amounts to pre-consent

K.Kaushik@timesgroup.com

Madurai:29.08.2021

Giving the benefit of doubt to a man who was convicted and sentenced in a sexual assault case, the Madras high court acquitted him, observing that the non-raising of resistance during the first time of sexual assault amounts to pre-consent and accordingly, the consent given by the woman cannot be held as a misconception of fact.

The man (appellant) from Madurai district allegedly sexually assaulted the woman from the same village and impreganted her. The Madurai mahila court in 2016 convicted and sentenced him to 10 years imprisonment for offence under Section 376 (rape) of IPC.

The man had filed a criminal appeal before the HC Madurai bench in 2016 seeking to set aside the conviction and sentence. Justice R Pongiappan observed that the woman had specifically stated before the trial court that she fell in love with the appellant and regularly met him. The woman lodged a complaint about the sexual assault nearly after two and a half months, only when the man disowed his promise of marrying her.

The judge observed that the circumstances revealed the appellant had promised to marry her once after the completion of his brother's marriage. Only after this promise, the woman also continued her relationship with him. It was not found anywhere in the evidence that the appellant had given any definite date or any timeline to marry her.

The judge observed that eventually when she conceived, she insisted that the marriage should be performed soon and that is when the appellant suggested for abortion. Since the proposal was not accepted by the woman and the appellant disowned the promise, the case was registered.

Hence, the judge said this court has doubts as to whether the woman approached the police with the truth or with false averment. Observing that the accused is entitled to avail this benefit of doubt arising now, the judge set aside the conviction and sentence imposed by the trial court and acquitted him of all charges.

In 2016, the Madurai mahila court sentenced the man to 10 years jail for offence under IPC Section 376 (rape)