
'Woman willingly accompanied accused to hotel': SC quashes rape case
What's the story
The Supreme Court of India has quashed a rape case against a man accused of committing sexual assault under the guise of marriage.
The court clarified that simply going back on a promise to marry doesn't amount to rape unless there was deceitful intent at the time of giving consent.
The victim had claimed she was forced into sexual intercourse thrice on false marriage vows.
Judicial remarks
Court's observations on victim's statements
While acquitting the man, the SC bench of Justices Sudhanshu Dhulia and K Vinod Chandran said the victim had voluntarily gone with him to a hotel room not once but thrice.
"We are not convinced that the sexual relationship admitted by both parties was without the victim's consent," it said in its ruling.
"That they were closely related and were in a relationship is admitted by the victim," the court observed.
Evidence review
No evidence of coercion, says Supreme Court
In its ruling, the SC also took into consideration the victim's statements recorded before the police.
It observed that while the victim had admitted to being in a relationship with the accused, who then forced her into sexual intercourse, she continued to accompany him to hotel rooms despite saying she was mentally distressed after every incident.
Her conduct went against her allegation of force, the court held.
Case dismissal
Supreme Court's dismissal of victim's allegations
The SC quoted a similar case (Prithvirajan vs. The State) to explain the ingredients of an offense of rape.
"We have absolutely no doubt in our mind that the criminal proceedings initiated against the present appellant are nothing but an abuse of process of the court," said Justice Chandran.
The bench also allowed the accused's petition against the decision of the Madras High Court, which refused to quash the FIR registered against him.