For A Sexual Act To Be Rape Or Not Depends On Whether The Initial Act Was Consensual Or A Forcible Act

In order to determine whether the sexual act amounts to rape or not depends on whether the initial act was consensual or a forcible Act.  The Apex Court has held so while dealing with CRIMINAL APPEAL No.1654 OF 2010 P.J.MATHEW Appellant(s)VERSUS STATE OF KERALA Respondent(s) 

In this case, the appellant/accused  and the family of prosecutrix were good  neighbours. Taking advantage of the proximity the accused used to visit the house of the prosecutrix in the absence of her parents. The prosecutrix  was 16 years old. She got pregnant and delivered a premature baby who did not survive long. The family of prosecutrix did not want the matter to be listed before the Police. The dispute  arose only when the accused refused to pay the abortion charges. 

It was observed by the Apex Court  that Notwithstanding the delay in lodging the FIR and the admission made in the statement of the mother that the FIR was filed only when the accused had failed to pay the cost of the abortion, the cardinal issue that has to be decided is whether the initial act was consensual or a forcible act. The close relation between the families and the explanation given by the prosecutrix and her mother for the delay in lodging the FIR cannot be brushed aside. It is an incident that the prosecutrix, as stated in her evidence, wanted to forget and lead a normal life. The fact that there was a solitary incident and was not followed by repeated acts also goes against any conclusion that the act was consensual.

 

 

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