January,10,2016: The Supreme Court on Monday said that if a man has consensual sex with a woman with the intention to marry her, then it cannot be termed as rape, even though the marriage does not take place. Apex Court bench of Chief Justice T.S. Thakur and Justice V. Gopala Gowda made this observation.
The Apex court’s said this while hearing a case in which an accused was charged with rape after he failed to marry the girl with whom he had consensual sex on the promise of marrying her.
Differentiating consensual sex and rape, the Supreme Court said, “Rape is the most morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.
In this case, Trial Court had acquitted the accused from all the charges. On appeal, High Court though did not interfere with the findings of Trial court as regards the offence of rape, convicted the accused under Section 420 and 506 of IPC. The accused preferred appeal in Supreme Court.
Read Judgment Here-