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| Consensual sex under fear rape: SC |
| Consensual sex under fear rape: SC
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| INDIA
, 29-July-2010
4:35:37 AM |
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A rapist cannot claim the defence of “consensual sex” with a victim who submitted to the act out of sheer helplessness and a sense of fear, the Supreme Court said in a judgment on Wednesday. And an actual physical threat by the assailant is not necessary to incite fear, a Bench of Justices P Sathasivam and B S Chauhan observed.
The court found that the village panchayat and police had pressurised the father of a victim to not launch criminal proceedings against Satpal Singh, the accused, in return for a fine of Rs 5,000. The victim’s father, Balbir Singh, an agriculturist from Shahbad, Haryana, was assured that Satpal would be paraded after blackening his face.
But the panchayat only imposed a fine of Rs 1,100 on Satpal, which was donated to places of worship, the Bench said. Balbir finally filed an FIR four months after the incident.
A sessions court sentenced Singh to seven years imprisonment, but the Punjab and Haryana High Court in 2007 reduced it to five years. On Wednesday the SC dismissed Satpal’s appeal against the HC judgment.
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