Tuesday, 30 November, 2021
HomeIndiaHelplessness due to inevitable compulsion can’t be considered as consent: Kerala HC

Helplessness due to inevitable compulsion can’t be considered as consent: Kerala HC

Helplessness within the face of inevitable compulsion can’t be thought-about as consent, Kerala Excessive Court docket has stated whereas contemplating an attraction filed by a rape convict.

Justice R Narayana Pisharadi, in his order stated merely as a result of the sufferer was in love with the accused, it can’t be presumed that she had given consent for sexual activity.

Court docket stated there’s a gulf of distinction between consent and submission and each consent entails a submission however the converse doesn’t observe.

“Helplessness within the face of inevitable compulsion can’t be thought-about to be consent as understood in regulation. Train of intelligence primarily based on the information of the importance and the ethical impact of the act is required for consent. Merely given that the sufferer was in love with the accused, it can’t be presumed that she had given consent for sexual activity,” the court docket stated in its order dated October 31.

The court docket was listening to an attraction by 26-year-old Syam Sivan, in opposition to his conviction and subsequent sentencing by trial court docket beneath varied sections of the Indian Penal Code together with part 376, which offers with rape.

The accused had in 2013 taken a lady, with whom he had a relation, to Mysore and had sexual activity together with her with out her consent, the court docket famous in its judgement. It additionally famous that the accused bought all her gold ornaments after which took her to Goa the place he raped her once more.

“Her proof exhibits that he made a menace that if she didn’t go along with him, he would commit suicide in entrance of her home,” the court docket famous.

The court docket stated even whether it is assumed that, on subsequent events, she didn’t resist the act of the accused, it can’t be discovered that it was together with her consent that the accused had sexual activity together with her.

 

“It could solely be discovered that it was a passive submission made by the sufferer woman beneath unavoidable circumstances as she had no different possibility,” the court docket stated within the judgement.

The court docket, nevertheless, put aside the conviction beneath the POCSO act because the age of the sufferer was not proved.

In the meantime, it stated the act of the accused clearly constitutes the offences punishable beneath Part 366 and 376 of the IPC (Abduction and rape).

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