Sexual relations out of “deep love” is not rape: Bombay High Court at Goa

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His family wasn’t home & she stayed back. After physical relations on that night, woman filed a complaint alleging rape

The Hush Post: A Bombay High Court branch of Goa ordered that a man cannot be convicted for rape for having sexual intercourse, when there is enough evidence of “a deep love between the two.

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The court set aside a jail term of seven years and also Rs 10,000 fine. The convicted man was accused of raping a woman after giving false commitment of tying nuptial knot with her.

The accused appealed against the order. The alleged affair began in 2013, as passing acquaintance of two casino workers turned into a love affair. Then working as chef, Yogesh Palekar took the woman home and introduced her to his family. His family was not home and she stayed back on that night. After physical relations on that night, woman filed a complaint alleging rape.

As per the accused, they again had physical intercourse at his residence on several occasions. He, however, refused to marry her once he came to know that she belonged to a lower caste.

It was then that the woman filed a complaint of rape against Palekar, though at the same time she agreed that her tacit approval was there for a sexual intercourse since he had committed that he will marry her. During the trial, it also came to  light that the woman gave a lot of financial help to Palekar.

The judge held that the evidence showed that “the consent could not be said to be based only on the promise made by Palekar, but was out of love affair” between the two. “Even after this, their relationship continued,” the court noted, adding that the woman “used to provide the appellant financial help for his daily needs and both of them had sex on 3-4 occasions” in his house.

“It can thus be clearly seen that there was a clear consent on the basis of which they had a physical relationship,” the court said. The woman, the judge said, also “went to the extent of withdrawing” her complaint by filing an affidavit as the man was undergoing treatment at the Institute of Psychiatry and Human Behaviour in Goa for depression. She cited emotional and personal reasons for her decision. “This clearly shows there was deep love between them. Had the intention of the appellant (Palekar), since inception, been to exploit the survivor, he would not have apprised her about his delicate financial condition,” the jue pointed.

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