Sex With Woman Suffering From Mental Sickness Amounts to Rape Even If She Gives Her Consent, Says Mumbai Court; Awards 10 Years of Rigorous Imprisonment to Man Convicted for Impregnating Neighbour
In a landmark ruling, a Mumbai court has declared that engaging in sex with a woman suffering from mental illness constitutes rape, regardless of her purported consent.
Mumbai, April 28: In a landmark ruling, a Mumbai court has declared that engaging in sex with a woman suffering from mental illness constitutes rape, regardless of her purported consent. The case involved a 24-year-old man who impregnated his 23-year-old neighbour, who was found to have the mental capacity of a nine-year-old girl. Despite the woman's consent, the court convicted the man of rape and sentenced him to 10 years of rigorous imprisonment.
According to a report by the Times of India, during the trial, it was revealed that the woman had the mental age of a nine-year-old girl. Further, DNA tests were conducted, which confirmed the accused as the biological father of the aborted fetus. The survivor, suffering from mild mental retardation, fell prey to the accused's exploitation of her vulnerability. Judge DG Dhoble emphasised the need for special care and protection for individuals with mental disorders, condemning any form of exploitation against them. HC on Illegal Hoardings in Mumbai: Cannot Permit Illegal Hoardings of Political, Commercial or Religious Organisations in Public Space, Says Bombay High Court.
While the defence attempted to argue that the relationship between the accused and the survivor was consensual, the court maintained that the prosecution adequately demonstrated the woman's inability to provide informed consent due to her mental condition, as per the report. Despite the survivor's admission of knowing the accused and engaging in a relationship with him, she lacked the capacity to comprehend the implications of her actions fully. 'Don't Compel Us To Pass Drastic Orders': Bombay High Court Urges Maharashtra Government To Take Issue of Construction of New High Court Complex 'More Seriously'.
Moreover, during cross-examination, she confessed to facing familial pressure to file a complaint against the accused, highlighting the case's complexities. In its judgment, the court referenced Supreme Court precedents affirming the incapacity of mentally challenged individuals to offer valid consent, emphasising the necessity for comprehension of the implications of such consent.
(The above story first appeared on LatestLY on Apr 28, 2024 10:59 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).