HC on Consensual Sex With Minor: If Victim Gave Consent, Sexual Act Cannot Be Termed Rape, Says Orissa High Court; Acquits Man in Sexual Assault Case
The high court order which was passed on July 5 also noted that the accused did not promise to marry the victim. "She also knew that marriage with the accused was not possible as he was a married person with children. Therefore, in my humble view, she was a consenting party," Justice Sahoo said.
Mumbai, July 12: The Orissa high court recently acquitted a man in a sexual assault case saying that the victim's statement claiming that she did not give consent to the sexual act was "not sufficient to convict the accused". The high court acquitted the 45-year-old man who was lodged in jail for nearly 10 years on charges of rape and sexual assault. The court also observed that the survivor's statement was not borne out by the evidence provided on the record.
The decision comes amid the growing debate about lowering the age of consent. While announcing the verdict, Justice S K Sahoo observed that from the case records, it appeared as if the girl accompanied the accused to the jungle to have sex with him every day, reports the Times of India. The victim was 17 years old at the time of the incident. The court also stated that the victim was aware that the accused was married and had four kids. HC on Rape Victim Girl's Kundali: Allahabad High Court Asks Lucknow University Astrology Dept To Step In After Accused Refuses To Marry Woman for Being a 'Mangalik'.
'Accused Did Not Promise To Marry Victim'
Furthermore, the high court bench said that the victim only revealed her ordeal when she was pregnant but did not raise any objection about the sexual act nor did she disclose it to anyone. The high court order which was passed on July 5 also noted that the accused did not promise to marry the victim. "She also knew that marriage with the accused was not possible as he was a married person with children. Therefore, in my humble view, she was a consenting party," Justice Sahoo said.
The accused identified as Santanu Kaudi was reportedly convicted of rape by the additional session court in Sundargarh in August 2018. The incident came to light in 2013 when the girl's father lodged an FIR against the accused. A year after he was convicted, Kaudi challenged the session court's decision. Justice Sahoo also said that the court has to assess all evidence in order to arrive at a conclusion. HC on Sexual Assault Cases: Rape Victim Cannot be Forced to Give Birth to Child of Man Who Sexually Abused Her, Says Allahabad High Court.
Speaking about consent, he said, "Consent or absence of it could be gathered from the attendant circumstances. Previous or contemporaneous acts or the subsequent conduct can be legitimate guides". Further, the court observed that if the evidence presented on record indicates that the victim was a consenting party then the sexual act between the two cannot be termed as rape. Meanwhile, the high court said that the compensation amount which was paid to the survivor does not need to be recovered.
(The above story first appeared on LatestLY on Jul 12, 2023 10:11 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).