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‘Physical Relationship Out Of Mutual Consent Is Not Rape’: Fatehabad Court

‘Physical Relationship Out Of Mutual Consent Is Not Rape’: Fatehabad Court

Deepmala Tripathy by Deepmala Tripathy
April 18, 2022
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Apr 18: The court of Additional District and Sessions Judge and Fast Track Court Judge Balwant Singh at Fatehabad in Haryana has released the culprit while hearing a rape case. The court observed in its orders that a relationship made by consent cannot be rape.

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The court ruled that the woman had been working in the criminal’s canteen for several months and tricked her into marrying her while he was already married. The court also said that it is also the duty of the woman to verify that the offender is bachelor or married before initiating any physical relationship.

On June 15, 2019, the Tohana police had registered a case against Dalip, a resident of Gillanwali Dhani in Tohana, under sections 313, 328, 376, and 506 of the IPC and the SC/ST Act on the complaint of a woman. The woman alleged that she had gone to a school in search of a job. There she met Dalip, the canteen contractor of the school. Dalip rented her a room in Tohana town and one day he brought juice. She fainted when she drank the juice. In an unconscious state, Dalip raped her. Then, he raped her for several months. When she became pregnant, Dalip got her aborted. When she asked for marriage, Dalip said that he was married.

Dalip’s wife also appeared in response to the woman’s allegations in the court and said that she had given the accused woman a fridge in installments and had also paid the installments herself. She knew very well that Dalip was married. The landlord of the house where the woman lived on rent also testified in the court that Dalip had come once to get the room, after which, he never saw Dalip there.

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