<p>Bengaluru: Consensual acts for having a sexual relationship can never become a licence for the man to assault the lady, the <a href="https://www.deccanherald.com/tags/karnataka-high-court">Karnataka High Court</a> has observed in a recent judgement. </p><p>Justice M Nagaprasanna said this while partly allowing the petition filed by the accused, a serving Circle Inspector of Police.</p><p>The complainant, a social worker who also happens to be the wife of a police constable, had come in contact with the accused police inspector in 2017. </p><p>The victim had been to the Bhadravathi Rural police station with other members of the public in relation to some other case when they first met. </p>.<p>A relationship ensued and in May 2021, the woman filed a complaint at the Women’s Police Station alleging physical and sexual harassment meted out to her by the petitioner.</p><p>The prosecution case is that the petitioner started threatening the complainant to withdraw the case. The inspector also threatened that if she failed to withdraw the case, he would kill her children. </p><p>This resulted in another complaint on September 21, 2021, alleging offences punishable under IPC sections 504 and 506. Subsequently, on November 11, 2021, the accused picked up the complainant and took her to a hotel.</p><p>According to the complainant, the inspector forcibly had sex with her, assaulted her and dropped her at the Sagar Bus stop in the morning hours of 2:45 am. The complainant went to a hospital, got treatment for the injuries sustained from the assault, and registered the third complaint for offences punishable under IPC sections 376(2)(n), 368, 342, 307, 355, 323, 504, and 506. The police filed the charge sheet and the accused inspector challenged the proceedings.</p><p>The petitioner inspector argued that it was a consensual act right from 2017 to 2022 and that the complainant had also initiated proceedings under the Negotiable Instruments Act for the cheque bounce case in which he was acquitted.</p><p>Justice Nagaprasanna noted that the acts between the petitioner and the complainant were consensual and hence the offence under section 376(2)(n), repeated rape, cannot be accepted. </p><p>The court added that charges for offences of an attempt to murder, assault, criminal intimidation, etc., are sustained and the trial can continue. “The case at hand projects gross misogynist brutality upon the complainant,” the court said.</p>
<p>Bengaluru: Consensual acts for having a sexual relationship can never become a licence for the man to assault the lady, the <a href="https://www.deccanherald.com/tags/karnataka-high-court">Karnataka High Court</a> has observed in a recent judgement. </p><p>Justice M Nagaprasanna said this while partly allowing the petition filed by the accused, a serving Circle Inspector of Police.</p><p>The complainant, a social worker who also happens to be the wife of a police constable, had come in contact with the accused police inspector in 2017. </p><p>The victim had been to the Bhadravathi Rural police station with other members of the public in relation to some other case when they first met. </p>.<p>A relationship ensued and in May 2021, the woman filed a complaint at the Women’s Police Station alleging physical and sexual harassment meted out to her by the petitioner.</p><p>The prosecution case is that the petitioner started threatening the complainant to withdraw the case. The inspector also threatened that if she failed to withdraw the case, he would kill her children. </p><p>This resulted in another complaint on September 21, 2021, alleging offences punishable under IPC sections 504 and 506. Subsequently, on November 11, 2021, the accused picked up the complainant and took her to a hotel.</p><p>According to the complainant, the inspector forcibly had sex with her, assaulted her and dropped her at the Sagar Bus stop in the morning hours of 2:45 am. The complainant went to a hospital, got treatment for the injuries sustained from the assault, and registered the third complaint for offences punishable under IPC sections 376(2)(n), 368, 342, 307, 355, 323, 504, and 506. The police filed the charge sheet and the accused inspector challenged the proceedings.</p><p>The petitioner inspector argued that it was a consensual act right from 2017 to 2022 and that the complainant had also initiated proceedings under the Negotiable Instruments Act for the cheque bounce case in which he was acquitted.</p><p>Justice Nagaprasanna noted that the acts between the petitioner and the complainant were consensual and hence the offence under section 376(2)(n), repeated rape, cannot be accepted. </p><p>The court added that charges for offences of an attempt to murder, assault, criminal intimidation, etc., are sustained and the trial can continue. “The case at hand projects gross misogynist brutality upon the complainant,” the court said.</p>
