HC: Submission doesn’t mean consent for sex | India News – Times of India

KOCHI: Consent for sex can’t be presumed simply because a woman or a lady is in love with a person, the Kerala excessive courtroom has held.
It additionally defined the distinction between consent and submission and mentioned helplessness within the face of inevitable compulsion can’t be thought-about consent.
“There is gulf of difference between consent and submission. Every consent involves a submission but the converse doesn’t follow. Helplessness in the face of inevitable compulsion can’t be considered to be consent as understood in law. Exercise of intelligence based on knowledge of the significance and the moral effect of the act is required for consent. Merely for the reason that the girl was in love with the accused, it can’t be presumed that she had given consent for sexual intercourse,” Justice R Narayana Pisharadi mentioned.
The courtroom was contemplating an attraction filed by a 26-yr-previous man who pressured his lover (17) to elope with him by threatening that he would commit suicide. He took her from Kayamkulam to Alappuzha after which to Bangalore. After raping her in a Bangalore lodge room, he took her to Goa and raped her there too. He had bought her gold ornaments on the way in which to generate profits. The lady had deposed that he had forcibly undressed her and raped her in Bangalore. After returning to Kayamkulam per week later, he gave Rs 50 to her and despatched her away with a promise to marry her. By then, police had registered a lacking case on lady’s father’s grievance. It was later transformed to a rape case. The HC upheld his conviction for rape.

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