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Surrender Can Never Be Construed as Consensual -Kerala HC

Team SoOLEGAL 8 Jul 2020 4:30pm

Surrender Can Never Be Construed as Consensual -Kerala HC

Kerala HC has upheld the conviction of a rape accused stating that only the inter-course which are welcomed by a person can be construed as consensual.

The accused has been convicted for raping a minor girl aged 14 years multiple times and also impregnating her. Although the accused has contended that the victim girl has given consent for sexual intercourse.

Justice PB Suresh Kumar has observed that mere act of helplessness cannot be treated as consent.

The court has observed that “the consent on the part of a woman as a defence to an allegation of rape, requires voluntary participation, not only after the exercise of intelligence, based on the knowledge of the significance and moral quality of the act, but after having freely exercised a choice between resistance and assent”.

Justice Kumar has dismissed the appeal upholding the conviction. 



Tagged: Kerala HC   Justice PB Suresh Kumar   Rape accused   High Court  
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