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Helplessness as a consequence of inevitable compulsion can’t be thought-about as consent: Kerala HC

Helplessness within the face of inevitable compulsion can’t be thought-about as consent, Kerala Excessive Court docket has mentioned whereas contemplating an enchantment filed by a rape convict.
Justice R Narayana Pisharadi, in his order mentioned merely as a result of the sufferer was in love with the accused, it can’t be presumed that she had given consent for sexual activity.
Court docket mentioned there’s a gulf of distinction between consent and submission and each consent includes a submission however the converse doesn’t comply with.
“Helplessness within the face of inevitable compulsion can’t be thought-about to be consent as understood in legislation. Train of intelligence based mostly on the information of the importance and the ethical impact of the act is required for consent. Merely given that the sufferer was in love with the accused, it can’t be presumed that she had given consent for sexual activity,” the courtroom mentioned in its order dated October 31.
The courtroom was listening to an enchantment by 26-year-old Syam Sivan, in opposition to his conviction and subsequent sentencing by trial courtroom beneath numerous sections of the Indian Penal Code together with part 376, which offers with rape.
The accused had in 2013 taken a lady, with whom he had a relation, to Mysore and had sexual activity together with her with out her consent, the courtroom famous in its judgement. It additionally famous that the accused offered all her gold ornaments after which took her to Goa the place he raped her once more.
“Her proof reveals that he made a menace that if she didn’t go together with him, he would commit suicide in entrance of her home,” the courtroom famous.
The courtroom mentioned even whether it is assumed that, on subsequent events, she didn’t resist the act of the accused, it can’t be discovered that it was together with her consent that the accused had sexual activity together with her.

 
“It may possibly solely be discovered that it was a passive submission made by the sufferer woman beneath unavoidable circumstances as she had no different possibility,” the courtroom mentioned within the judgement.
The courtroom, nevertheless, put aside the conviction beneath the POCSO act because the age of the sufferer was not proved.
In the meantime, it mentioned the act of the accused clearly constitutes the offences punishable beneath Part 366 and 376 of the IPC (Abduction and rape).

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