rape with consent with a married women
ARVIND JAIN
(Querist) 16 September 2008
This query is : Resolved
If in a rape case with a married woman, it is proved that it was with her consent, can the accused be held guilty of adultery U/S 497 IPC ? suo-moto by court or on the complaint of husband ?
ARVIND JAIN
(Querist) 16 September 2008
If in a rape case with a married woman, it is proved that it was with her consent, can the accused be held guilty of adultery U/S 497 IPC ? suo-moto by court or on the complaint of husband ?
arunprakaash.m.
(Expert) 16 September 2008
even with consent of the woman it amounts adultry. court can not take suo moto case. Husband has a right to file a case of adultry.
G. ARAVINTHAN
(Expert) 16 September 2008
Both can be possible.
If the Court is of the opinion than the matter have to be tried, then it can be taken of file based on the finding of the Trial Court
Husband have right to lodge a complaint based on the same finding of the Trial Court
K.C.Suresh
(Expert) 17 September 2008
Rape is rape if it is with out her consent in the case of a married women. If with her consent it is sexual intercource with a married women. Adultry rests with her husband.
K.C.Suresh
(Expert) 17 September 2008
Rape is rape if it is with out her consent in the case of a married women. If with her consent it is sexual intercource with a married women. Adultry rests with her husband.
Rajesh Kumar
(Expert) 17 September 2008
Well courts cannot take cognisance suo motu- complaint by the husband is required.
Regarding the proof part- one cannot prove irrelevant things in court of law. Thus the accused is not required to prove consent of the women- the prosecutrix is required to prove existence of any of the six cases enumerated in Section 375. Merely bacause the prosecutrix failed to prove a thing, does not mean that opposites has been proved.
Furthermore, Section 497 requires some more ingredients like knowledge that the women is wife of some persons. To be a wife further ingradients are required. Further, absence of connivance on the part of the husband is required to be proved.
I feel that even when a criminal case looks like open and shut case, it should be examined thoroughally.
Adv.Shine Thomas
(Expert) 17 September 2008
The offence is taken place with a married woman and with her consent.This two conditions are not enough to prove the offence of adultry.The sexual intercourse by a man with a woman who is and whom he knows or has reason to believe to be the wife of another person.ie,at the time of the commition of the offence,the adulterer should have a knowledge about the status of the woman.The sexual intercourse must be without the consent or connivance of the husband.
In case of a widow what will be the position?Can we say that it is an adultry?
Rajesh Kumar
(Expert) 17 September 2008
In case of wodow Section 497 should not be attracted
Guest
(Expert) 17 September 2008
I agree with Rajesh Kumar. Suo moto action is not possible. But in such cases lot more offences will crop up like tresspass, modesty, etc., much will depend these additions.
