Hyderabad: A Sangareddy district court, disposing of a rape case reported to the RC Puram police in 2015, said that the question of rape does not arise when the physical relation between the prosecutrix and the accused is made with consent.
The court, while acquitting the accused, a techie, and his parents, said that prosecutrix, then aged 32 and holding a master’s degree and working for an MNC, had adequate intelligence and maturity to understand the significance and morality associated with the act she was consenting to.
The woman alleged she was in a relationship with the accused for four years and that under the pretext of marriage, they engaged in sexual intercourse. The accused later started avoiding her. She alleged that the accused’s parents demanded a huge amount of cash and land in a prime location from her family for the marriage.
The court observed that they indulged in sexual intercourse and that she did not raise any objection at that stage.
“It is not the case he has forcible raped her. She had taken a conscious decision after active application of mind to the things that had happened. It is not a case of a passive submission in the fact of any psychological pressure exerted and there was a tacit consent,” said the court.
“The failure to keep a promise made with respect to a future uncertain date, due to reasons that are not very clear from the evidence available, does not always amount to misconception of fact,” it added.
The court ruled that even if the allegations were taken at their face value and accepted in their entirety, they do not make out a case against the accused, concluding that the prosecution miserably failed to establish the charges against the accused beyond all reasonable doubt.
