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High Court: Rape conviction can’t be sustained in Live-in Relationships, Read Judgment

June,19,2016:

Complainant was in live-in relationship with the Convict, Delhi High Court.

No Rape in Live-in Relationship
No Rape in Live-in Relationship

The High Court of Delhi has acquitted a man convicted of Rape on a complaint made by his live-in partner.

Trial court had jailed him for 10 years for raping the complainant in 2011.

High Court observed that the complainant woman was in a live-in relationship with the accused and her deposition in the Court regarding the alleged incident had “serious infirmities”.

The court set aside the conviction recorded by the trial court in 2013 in which it had convicted the man for alleged offences under sections 376 (rape) and 506 (criminal intimidation) of the IPC and sentenced him a 10-year jail along with a fine of Rs 15,000.

Justice Pratibha Rani said that the perusal of record makes it is clear that the prosecutrix, who had been living separately from her husband, was in a live-in relationship with the convict.

The High Court allowed the appeal filed by the man against his conviction, while observing that complainant’s testimony does not inspire confidence as she had made specific “deliberate improvements” on material points related to the case.

FIR was lodged in the matter on the basis of woman’s statement where she had alleged wherein she stated that the incident had taken place on the night of January 13-14, 2011, when she was alone at her house. She had claimed that as the door of her house was open, the accused entered and raped her.

While denying the allegations ld. counsel for accused said that the woman was in a live-in relationship, the woman had borrowed Rs 11,000 from the man and when he insisted on repayment, he was falsely implicated in the case.

The high court noted that the woman had changed her version at every stage of the matter and the evidence available showed that the man was well known to her.

Delhi High Court Judgment of No Rape in Live-In Relation

 

Consensual Sex

10.1.2016- Supreme Court clarifies, Physical relations without Intention or Talks of Marriage is no Rape, Read Judgment

Rape is a Social Disease

7.7.2015- Rape Cases: No compromise under any circumstances says Supreme Court

25.6.2015- My Lord show No Mercy for Rapists READ MORE…

18.5.2015- After 42 years in coma, nurse Aruna Shanbaug dies READ MORE…

29.4.2015- ‘Concept of marital rape cannot be applied in India’ READ MORE…

8.4.2015- Uber Rape Case: SC summons trial court record READ MORE…

7.4.2015- SC asked Government to re-visit the Law so that a Juvenile don’t get away with Rape and Murder READ MORE…

26.3.2015- Two arrested in West Bengal Nun Rape Case READ MORE…

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