Law used as weapon for vengeance in many rape cases: Court

Additional Sessions Judge Sanjiv Jain freed the accused of the charge of rape under section 376 of the IPC, saying the woman was ‘mature enough’ and capable of giving consent. “Many cases are being reported by those women who have consensual physical relationship but when the relationship breaks due to one or the other reason, the woman uses the law as a weapon for vengeance and personal vendetta. 

The physical relations between the prosecutrix and the accused were with the consent of the prosecutrix. I therefore acquit the accused of the offence punishable under section 376 of IPC,” the judge said. The court’s order came on the complaint of the woman, a divorcee, who had engaged the accused as her counsel in a road accident case. She had alleged that he had misbehaved with her in her house and raped her. 

“The prosecutrix at the time of incident was 38 years of age, quite mature and capable of giving consent. It is not the case that the accused made any false representation to the prosecutrix or elicited her consent to have physical relations with her giving some false promise. “They knew each other for long time. The accused used to visit her house. They loved each other. When a quarrel took place between the woman and the accused, she made the complaint alleging rape, though their physical relations were consensual,” the court said.