‘Not consensual sex’: Karnataka High Court awards man life term for rape, Rs 7 lakh fine

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The Karnataka High Court has reversed a man’s acquittal and sentenced him to life imprisonment for rape, holding that the trial court failed to properly examine the survivor’s testimony that she had sexual relations with him on the promise of marriage. The court said the accused had ruined the woman’s life and showed no regard for the social standing of the child born to her, the court observed.A bench of Justices H P Sandesh and B Pramod also imposed a fine of Rs 7 lakh, ordering Rs 5 lakh to be kept in a fixed deposit for the survivor’s child and directing the District Legal Services Authority to provide maximum financial compensation.“As a result of the act of the accused, he has spoiled the life of the victim and also has no respect for society in respect of the child born to this petitioner. The same has to be taken note of while imposing the sentence and ordering compensation in favour of the girl child,” the court observed on October 17.“The continuation of sexual intercourse by both of them with the promise of marriage cannot be consensual sex,” it remarked. The order noted that the trial court had overlooked the allegations in the rape complaint which stated that when the survivor had requested the accused to marry her, he insisted on terminating her pregnancy and even attempted to take her life with a dupatta.Woman challenged acquittal before high courtThe rape case arose from a woman’s allegation that a man who had known her since their school days established a physical relationship with her on the promise of marriage. According to the prosecution, he continued the relationship by assuring her that he would marry her. However, when she became pregnant, he allegedly asked her to terminate the pregnancy and threatened to kill her when she insisted on marriage. Justices H P Sandesh and B Pramod criticised the trial court for failing to properly assess the evidence.The woman lodged a complaint alleging offences of cheating, rape and criminal intimidation. A medical examination confirmed her pregnancy, and a DNA test established that the man was the biological father of her daughter.Also Read | Can’t ‘re-traumatise’: Karnataka High Court bars repeatedly examining girl in POCSO caseThe trial court, however, acquitted the accused, holding that the relationship was consensual. Challenging the acquittal, the woman approached the high court, arguing that the trial court had failed to properly consider her testimony, the promise of marriage, and the DNA evidence.Story continues below this adRelationship alone can’t justify acquittal: HCThe court observed that the trial court had wrongly acquitted the accused in the rape case without properly appreciating the survivor’s testimony, complaint and documentary evidence. It said the trial court had focused on the fact that the two were in a relationship and had engaged in sexual intercourse but failed to examine whether the accused had obtained her consent on the false promise of marriage.“The witnesses in the evidence categorically deposed that the victim believed the promise of the accused that he would marry her but did not expect that the accused would cheat her,” the court observed. The bench said the fact that the two were in a relationship could not, by itself, be a ground to acquit the accused.It also took note of the DNA report, which established that the accused was the biological father of the woman’s daughter. The bench criticised the trial court for failing to properly discuss this evidence and the rape survivor’s testimony while assessing the charges.Also Read | Delhi High Court blocks disclosure of Prime Minister’s foreign travel records citing risksThe bench also criticised the trial court for failing to consider compensation for the rape survivor and her daughter. It directed the District Legal Services Authority to provide maximum compensation, taking into account their circumstances.