The Kerala High court has quashed charges against a man who was accused of raping his ex-lover with whom he was in a relationship for two-years.
According to the complainant, she was raped by the man, just a day before his marriage to another woman.
A 28-year-old army man hailing from Thamarakulam in Alappuzha, was in a relationship with a BPharm graduate, the complainant in this case. The duo had an affair since November 2016 and the alleged rape took place on January 27, 2019.
The couple was in a mutual relationship and wanted to marry each other, however, could not do so, as the man’s parents objected to their relationship.
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Nevertheless, they continued to communicate even after the petitioner’s marriage was fixed with another woman. However, on March 7, 2019, rape complaint was registered against ex-lover, after the complainant’s marriage with another man was called off.
The woman alleged that she and the petitioner had sexual relations at a hotel room, after the petitioner tied a ‘thali’ on her and this was a day prior to his marriage with another woman.
High Court Observations
Justice Alexander Thomas quashed the charges of rape against the accused after considering his petition (Crl. M.C. No. 2421/2020) filed through advocate S Nikhil Sankar.
The court noted that it was hard to believe that an educated woman like the complainant would assume something mere like tying ‘thali’ would be equal to tying the marital knot, and that she had given her consent to sexual activity based on the same.
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The complainant was also aware that her partner was getting married to another woman the next day and thus no educated woman would place reliance on such an act or be under the impression that he was offering to marry her. Adding further, the court said that it was a voluntary sexual relationship.
Lastly, quashing the rape charges, the court pointed out that there was no prior sexual relationship. They both dated each other since November 2016. The court also noted that there was a delay in filing the complaint and the reason hasn’t been specified from the complainant’s side.