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Writer's pictureAnupam Dubey

Contraceptive use indicates consent


Investigation ideally means a search of best possible truth!

Don't the police have even common sense in regard to such cases? What inquiry did they do? Or just under the garb of #HollowFeminism they just pocket the money from the lady and charge-sheet the man without inquiry?

 

High Court rules that woman who was on pills during seven-year relationship cannot allege rape after breakup.

Contraceptive use indicates consent

A woman who was on oral contraceptives during the course of her seven-year-long relationship with a man cannot claim that she has been raped by him. Though the police have registered a case charging the man with rape as well, the High Court, considering the ‘pill angle’ released him on bail. The accused is a 36-year-old from Gowribidanur. He had been booked by the police in Chikkaballapur based on the complaint by a 22-year-old woman earlier this year. He was booked for cheating, rape, causing hurt and intentional insult.

The complaint stated that the two had a relationship for the last seven years and they had consummated the relationship. The man allegedly promised to marry her, due to which she consented to a physical relationship. He had kept her in a paying guest accommodation. Around four months ago, she realised that the man was married to someone else and also had a child. Thereafter, she filed a complaint with the police.

The man approached the HC for bail after being denied by the trial court. The HC noted that the woman had been on birth-control pills. “A reading of the complaint indicates that the petitioner and the victim were in relationship for more than seven years. The petitioner has given her age as 22 years in the complaint. She herself has stated that she was regularly taking tablets to prevent pregnancy,” it said. Therefore, there was no forcible sex, the court held. “All these circumstances indicate that there was no forcible rape so as to attract Section 376 of IPC,” the court said. The court also noted that there was no allegation by her which would attract the charges of causing hurt and intentional insult. The court found the case fit for bail and noted, “There are no allegations attracting Sections 323 or 504 of IPC either. There is inordinate delay in lodging the complaint and the only explanation in her complaint is that having come to know that the petitioner is married and has begotten a child, she is said to have lodged the said complaint. Taking consideration of all these facts and circumstances, the petitioner deserves to be admitted to bail.” The court directed the man to appear before the investigating officer of the case within 15 days. The officer is to interrogate him and release him on bail the same day by securing a bond for Rs 1 lakh and two sureties for the same sum.

Source, here.

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