Bengaluru:
The Karnataka High Court has ruled that consensual sex does not give license to assault.
The case involves a serving police circle inspector who was accused by a social worker, who is also the wife of a police constable, of various offenses including assault and intimidation.
The relationship between the complainant and the accused began in 2017 when she visited Bhadravati Rural Police Station. By May 2021, the complainant filed a complaint at the Mahila Police Station, alleging that she was physically and sexually harassed by the inspector.
The situation escalated when the inspector allegedly threatened to harm her children if she did not withdraw the complaint, resulting in additional charges under sections 504 and 506 of the IPC for insult with intent to provoke breach of peace and criminal intimidation respectively. Allegations were made.
In November 2021, the inspector allegedly kidnapped the complainant, took her to a hotel where he assaulted her and dropped her at Sagar bus stop the next morning. She sought medical treatment for her injuries and filed another complaint, accusing him of offenses under various sections of the IPC including rape, kidnapping, wrongful confinement, attempt to murder and assault.
The accused contested these charges, claiming that the relationship was consensual from the beginning and cited his acquittal in a related check bounce case under the Negotiable Instruments Act.
Justice M Nagaprasanna, acknowledging the consensual nature of the relationship, dismissed the charge of repeated rape under section 376(2)(n), but upheld other charges related to assault, intimidation and attempt to murder.
The court commented on the “gross misogynistic cruelty” inflicted on the complainant, allowing the trial on these matters to proceed.
