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Love Affair Gone Wrong No Reason For Rape Charge

JULY 11, 2013

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A love affair gone bad is no reason to accuse a man of making a woman pregnant with rape, the Bombay high court has ruled.  A Borivali resident Manesh Kotiyan has been acquitted of rape charges three years after his arrest and subsequent conviction.



The prosecution had admitted in the court that she had a love affair with the accused and she also desired to marry him. Under these circumstances, no offence under Section 376 of the IPC (rape) was sustainable, the Court said.



The court noted that the accused had proposed to the girl, who was an educated adult person. She was fully aware that he was attracted to her. She accompanied him to Gorai and also checked into a hotel to celebrate his birthday. She was aware of the consequences of all her actions.



"She had not cried for help and had not taken her resistance to a logical end. Hence, it would not be justifiable to hold that her consent was obtained by intimidation or undue influence," said the judge.



The court, however, upheld Kotiyan's conviction on charges of cheating as he had not disclosed to the victim that he was married and had children. Since he has served around three years in prison, the court ordered his release.




The case dates back to March 2010, when the girl, then four months pregnant, filed a case of rape against Kotiyan. The two had met in Borivli and in November 2009, they had gone to Gorai to celebrate Kotiyan's birthday, where the prosecution alleges, he forced her to have sex. A sessions court in 2012 held Kotiyan guilty of rape and sentenced him to seven years rigorous imprisonment. Later, Kotiyan filed an appeal in the HC.



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