BENGALURU: Consent for a sexual relationship with a man can never become licence for him to assault the woman, the Karnataka high court observed recently.
Partly allowing a petition filed by the accused — a serving circle inspector of police, Justice M Nagaprasanna quashed the charge of repeated rape under IPC Section 376(2)(n) against him but said the charges of attempt to murder, assault, and criminal intimidation among others are sustained, and the trial can continue.
It’s the case of the prosecution that the complainant, a social worker who also happens to be the wife of a police constable, came in contact with the circle inspector in 2017 when she went to Bhadravathi Rural police station with other members of the public in relation to a different case. The two became close and got into a relationship. In May 2021, the woman lodged a complaint with the women’s police station in Shivamogga, accusing the inspector of physical and sexual harassment. The inspector allegedly threatened to kill the complainant’s children if she didn’t withdraw the case. She registered another complainant on Sept 21, 2021, accusing him of criminal intimidation and intentional insult. The complaints weren’t taken forward as the woman didn’t choose to pursue them further.
The complainant alleged that on Nov 11, 2021, the inspector picked her up around 7.30pm, took her to a hotel, and forcibly had sex with her and assaulted her. He dropped her at Sagar bus stop the following morning. The woman registered a third complaint against him for repeated rape, attempt to murder, and wrongful confinement, among others. Police investigated the matter and filed a chargesheet, which was challenged by the accused.
As per the circle inspector, his sexual relationship with the complainant was consensual from 2017 till 2022. The govt advocate submitted there is enough material to establish the complainant was assaulted by the cop and it was a case of consent obtained on deceit or dominance, which would amount to rape.
After perusing the materials on record and also judgments of the Supreme Court, Justice Nagaprasanna noted that the acts between the petitioner and the complainant were consensual and hence, the contention of rape couldn’t be accepted. “What happened on Nov 11, 2021, which forms the fulcrum of the lis and the statements recorded thereon, would clearly indicate the petitioner’s violent behaviour towards the complainant, be it for the offence of attempt to murder or assault,” the judge said.
“The case at hand projects gross misogynist brutality upon the complainant,” the judge said while indicating that all the charges except repeated rape were sustained.
Partly allowing a petition filed by the accused — a serving circle inspector of police, Justice M Nagaprasanna quashed the charge of repeated rape under IPC Section 376(2)(n) against him but said the charges of attempt to murder, assault, and criminal intimidation among others are sustained, and the trial can continue.
It’s the case of the prosecution that the complainant, a social worker who also happens to be the wife of a police constable, came in contact with the circle inspector in 2017 when she went to Bhadravathi Rural police station with other members of the public in relation to a different case. The two became close and got into a relationship. In May 2021, the woman lodged a complaint with the women’s police station in Shivamogga, accusing the inspector of physical and sexual harassment. The inspector allegedly threatened to kill the complainant’s children if she didn’t withdraw the case. She registered another complainant on Sept 21, 2021, accusing him of criminal intimidation and intentional insult. The complaints weren’t taken forward as the woman didn’t choose to pursue them further.
The complainant alleged that on Nov 11, 2021, the inspector picked her up around 7.30pm, took her to a hotel, and forcibly had sex with her and assaulted her. He dropped her at Sagar bus stop the following morning. The woman registered a third complaint against him for repeated rape, attempt to murder, and wrongful confinement, among others. Police investigated the matter and filed a chargesheet, which was challenged by the accused.
As per the circle inspector, his sexual relationship with the complainant was consensual from 2017 till 2022. The govt advocate submitted there is enough material to establish the complainant was assaulted by the cop and it was a case of consent obtained on deceit or dominance, which would amount to rape.
After perusing the materials on record and also judgments of the Supreme Court, Justice Nagaprasanna noted that the acts between the petitioner and the complainant were consensual and hence, the contention of rape couldn’t be accepted. “What happened on Nov 11, 2021, which forms the fulcrum of the lis and the statements recorded thereon, would clearly indicate the petitioner’s violent behaviour towards the complainant, be it for the offence of attempt to murder or assault,” the judge said.
“The case at hand projects gross misogynist brutality upon the complainant,” the judge said while indicating that all the charges except repeated rape were sustained.