HC: Submission does not mean consent to sex. India News – Times of India


Kochi: Agreement cannot be considered for sex just because a girl or a woman is in love with a man, Kerala High Court has held.
It also explained the difference between consent and submit And said that helplessness in the face of unavoidable compulsion cannot be considered consent.
“There is a gap between consent and submission. Each consent involves a submission but does not follow negotiation. Helplessness in the face of unavoidable compulsion cannot be construed as consent as is understood in law. Consent requires the use of intelligence based on knowledge of the importance and moral implications of the act. Merely because the girl was in love with the accused, it cannot be presumed that she had consented to sexual intercourse,” said Justice R Narayan Pishardy.
The court was considering an appeal filed by a 26-year-old man who forced his lover (17) to run away with her by threatening to commit suicide. him her. taken from kayamkulam To Alappuzha And then to Bangalore. After raping her in a hotel room in Bangalore, he took her to Goa and raped her there too. He had sold her gold ornaments on the way to earn money. The girl had given a statement that he forcibly took off her clothes and raped her in Bangalore. After returning to Kayamkulam a week later, he gave her 50 rupees and sent it to her promising to marry him. By then the police had registered a missing person case on the complaint of the girl’s father. Later it was converted into a rape case. The HC upheld his conviction for rape.