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Consensual acts do not give man license to assault woman: Karnataka High Court
The court dismissed rape charges against a police inspector, stating the relationship was consensual. However, it upheld charges of assault, attempted murder.
The Karnataka High Court has dismissed rape charges against a police inspector, ruling that a consensual sexual relationship cannot be classified as rape.
However, the court upheld the charges of assault, criminal intimidation, and attempted murder against the officer, emphasizing that consent in a relationship does not give anyone the right to harm or threaten another person, the New Indian Express reported.
The ruling came in response to a petition filed by B Ashok Kumar, a police inspector from Sagar in Shivamogga district, who had challenged the charges filed against him by the complainant, a social activist and wife of a police constable, the report added.
The case involved allegations of physical and sexual harassment over several years.
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What did the court say?
Justice M Nagaprasanna, in his judgment, stated that the rape charge under Section 376(2)(n) of the Indian Penal Code (IPC) could not be sustained since the acts in question were consensual. However, the court clarified that no matter the nature of the relationship, it could never justify assault or criminal intimidation. The inspector will face trial for these other charges, which remain intact, the report added.
The alleged incident dates back to 2017 when the inspector, while serving as a Circle Inspector, became involved in an intimate relationship with the complainant. In May 2021, the woman filed a complaint at a Women's Police Station, accusing the officer of physical and sexual harassment. She also claimed that the inspector threatened her to withdraw the complaint or face harm to her children, the TNIE report further added.
On November 11, 2021, the inspector allegedly picked the complainant up and drove her to a hotel where he reportedly assaulted her physically and sexually against her will. He then dropped her off at a bus stop in Sagar at 2.45 am. After seeking medical treatment for her injuries, the woman registered a case, prompting an investigation and the filing of a charge sheet.
Following this, the inspector moved the High Court seeking to quash the charges. While the rape charge was dismissed, the court has upheld the remaining accusations and the inspector will continue to face trial for assault, intimidation, and attempted murder.
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