Kochi: Agreement for sex cannot be considered only because a girl or woman fall in love with a man, the Kerala High Court has been held.
It also explains the difference between approval and submission and said the helplessness in dealing with inevitable coercion cannot be considered an agreement.
“There is a difference between approval and submission.
Every agreement involves filing but the opposite does not follow.
The helplessness in dealing with inevitable coercion cannot be considered an agreement understood in law.
Intelligence training based on knowledge of the significance and moral effects of the law is needed for approval .
Only on the grounds that she fell in love with the accused, can not be alleged that she had given consent to sexual relations, “said Justice R Narayana Pisharadi.
The court was considering the appeal filed by a 26-year-old man who forced his lover (17) to marry him with him threatening that he would commit suicide.
He took him from Kayamkulam to Alappuzha and then to Bangalore.
After raping him in the Bangalore Hotel room, he took him to Goa and raped it there too.
He has sold his gold ornaments on the way to make money.
The girl had toppled that she forced her forcibly and raped her in Bangalore.
After returning to Kayamkulam a week later, he gave him Rs to him and sent him away with a promise to marry him.
At that time, the police had registered a missing case on the father’s complaint.
Then converted into rape cases.
HC upholds his belief for rape.
HC: Submission does not mean approval for sex
