Madras HC acquits rape accuse as victim suppresses physical relationship between them

CHENNAI: Noting that the woman who raised an allegation of rape against a man was having physical relationship with him several times until she begotten a child, the Madras High Court set aside the 10-year jail term awarded to a rape accused and acquitted him.

The case stands as testimony to the saying that there were no rules in love and war, said Justice N Seshasayee, adding that there was no precious thing that the legal system can do except recording its finding that the prosecution has not been able to establish that there indeed was a crime.

At the end of the day, both parties are adults and the Constitution does not make a moralistic statement except granting the right to citizens to live on their free will, he said.

Despite there being an abuse of judicial process when the victim set a criminal law in motion, the court does not intent to revisit the issue because that was a story of past, the judge said while setting aside the conviction.

According to the woman, the man, her neighbour, raped her on May 12, 2012. Based on her complaint, the police registered a case against him. During the cross-examination, it was revealed that the victim had physical relationship with the appellant several times. In the meantime, the victim had a second child with the appellant.

Despite that, the Cuddalore Mahila court convicted him and imposed 10-year imprisonment with a fine. Aggrieved by this, he moved the appeal before the High Court.