The Bombay high court of Goa has newly said, that a man cannot be sentenced for rape for having physical relations with a woman by a distortion of fact. This is only if the proper proof of “a deep love affair” in between the two is presented.
The Bombay HC decided a seven-year jail term and Rs 10,000 fine conferred by a trial court against the suspect for raping a woman. This is after false promise is given to marry a girl who is in relation.
The suspect appealed against the order given by the high court. The court also disclosed the important facts about the case. Have a look-
What is the case about?
In 2013, a passing moment in between the two casino workers twisted into a love affair. Then the chef Yogesh Palekar wants to introduce women to his family so he took her to his home. But the family was not present at home. So, she stayed back for the night where they had a sensual intercourse. Later in the next morning, he dropped her home.
But, this is not the first time. Later they both had sexual relations at his home for over three to four times. The chef had promised to marry her which due to which she is ready for such relations. But, he rejected to marry her as she came from a lower caste background.
After all, this woman had no options other than filing a rape complaint. So she did the same and filed a complaint against Palekar. She clearly stated she had given her consent for the sexual relation as he promised to marry her.
Furthermore, In the sequence of the trial, it was also disclosed that the survivor offered chef with some financial help.
The love affair is the main reason for her consent
Justice C V Bhadang provided the proof that clearly displays that it is not true that the consent is based only on the marriage promise made by Palekar.
But the actual reason behind this is the deep love affair in between the two.
Because even after all these they both continued their relationship. Furthermore, if the woman would not have the deep love for palekar then, she will never get ready to help him financially and for further sexual relations in his house.
It can thereby very obvious that there was a clear approval on the basis of which they had a physical relationship as per the court.
The judge also stated that the woman went to the extent of withdrawing her complaint by filing an affidavit. It is so because palekar was experiencing treatment for depression at the Institute of Psychiatry and Human Behaviour in Goa.
For this withdrawal decision, she has given personal and emotional reasons. Had the purpose of the accuser (Palekar), from the beginning, been to exploit the woman, he would never have told her about his bad financial situation. Through all this, it is crystal clear that there is a deep and intense love in between the two which heads them towards the sexual intercourse.
The court also stated that as Palekar was helped by her financially. This shows that he is not in a situation to exploit the woman sexually.
- The court declared that the man who is in the physical relationship due to mutual and deep love in between the two is cannot be imprisoned for rape. It is if the proof of “a deep love affair” between the two is presented.
- Bombay High Court declared that Rs 10,000 fine and a imprisonment of the 7-year jail term is conferred by a trial court against the suspect for raping a woman. If he has given any kind of deceitful promises to marry her.