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NIA arrests six more people and conducts searches at 6 places in Kerala gold smuggling case        Union Minister observes fast as BJP seeks to step up pressure on Ker govt in gold smuggling case        Kerala crosses 25,000 COVID-19 cases as 1,169 test positive        Heavy rains forecast in Kerala this week; Low pressure likely in Bay of Bengal        Shah tests +ve for COVID-19, admitted to Medanta hospital in Gurugram        International passengers with negative COVID-19 test report can skip institutional quarantine: Govt        High time Mehbooba Mufti is released, says Rahul Gandhi        Death toll in Punjab spurious liquor tragedy rises to 104        Trump Says Federal Government Should Seek Death Penalty For Boston Bomber        Khamenei''s top aide praises Turkey''s Hagia Sophia move        IPL GC Meet: Final on Nov 10, Chinese sponsors intact, COVID replacements allowed        2nd ODI: Bairstow, Rashid shine in England''s 4-wicket win over Ireland        Kerala''s COVID-19 tally inching towards 25,000 mark, 1129 ccases, death toll climbs to 82        Kerala police SI dies of COVID-19; first from the force to succumb to the virus        If high command forgives rebels, I will welcome them back: Gehlot        Former SP leader and Rajya Sabha MP Amar Singh dies at 64        Wild fire: 200 homes evacuated in Southern California        Emirati nuclear plant successfully starts up first reactor        Ready to push for continued advancement of China-Nepal ties: Xi        Some 17,000 people hit streets of Berlin to protest COVID-19 measures        
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National News
Court acquits man, says consensual relationship not rape
 
Thane: A court here in Maharashtra has acquitted a 56-year-old man of charges of raping his driver's wife, observing that a "consensual physical relationship" does not amount to rape.

Additional Sessions Judge R R Vaishnav, in his order last Thursday, said the prosecution miserably failed to prove charges of rape against the accused, Dilip Shridhar Patil, a brick kiln owner.

According to the prosecution, the woman's husband worked as a driver for the accused. She got acquainted with the accused as he used to come to their house.

In 2013, the accused called the woman to a lodge at Akloli in Bhiwandi town of Thane district. When she refused, he threatened her with dire consequences following which she went to the lodge where he raped her, the prosecution said.

Thereafter, he allegedly raped her on several occasions. When she resisted his advances, he threatened to defame her and remove her husband from the job.

After the death of her husband in 2014, the accused raped her several times and also gave her some money. Fed up of the ordeal, the woman filed a police complaint against the accused, the prosecution told the court.

The judge observed that the woman in her deposition said she did not want to proceed against the accused.

During her cross-examination, she admitted that there was consensual intercourse between her and the accused, hence she wanted to withdraw the case against him, he noted.

The woman further admitted that since her brother's wife came to know about the relationship, she lodged a complaint against the accused.

"By these admissions, the victim has falsified the prosecution story," the judge said.

He said Section 375 of the Indian Penal Code defines rape as "sexual intercourse with a woman without her consent".

An inference of consent can be drawn only on the basis of evidence and probability of the case, the judge said.

"The consent denotes an active will in the mind of the person to permit the doing of the act complained of ... there is a clear distinction between rape and consensual sex. In this regard, the victim's admission is more important," he said.

It is clear from the victim's admission that had her brother's wife not come to know about the relationship, she would not have lodged the complaint against the accused.

"Thus, the victim's admission leads to the conclusion that the alleged intercourse was not an act of rape, but sexual intercourse with the consent of the victim and the accused, who needs to be acquitted," he said.


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