Prayagraj: In an interesting development, the Allahabad High Court has upheld the acquittal of a man accused of rape while observing that while laws on sexual offences were rightly women-centric, it does not mean that the male partner is always at fault.
A Division Bench comprising Justices Rahul Chaturvedi and Nand Prabha Shukla made the observation while upholding the acquittal of the rape accused on Thursday.
“No doubt, chapter XVI “Sexual Offences”, is a womensentic enactment to protect the dignity and honour of a lady and girl and rightly so, but while assessing the circumstances, it is not the only and every time the male partner is at wrong, the burden is upon both of them. It is unswallowable proposition that a weaker sex is being used by the male partner for five good years and she keep on permitting him on so called false pretext of marriage,” the bench observed.
“Both of them are major and they understand the gravity of the situation and the far reaching repercussion of pre-marital sex and still they maintained this relationship at different places, different cities, which clearly indicates that this acquisitions that she was subjected to sexual harassment and rape cannot be accepted and learned Trial Judge rightly so have given a benefit of doubt to the accused-respondent and relieved from the major charges pasted against accused-respondent.” it added.
The High Court made the observation while upholding the acquittal by a trial court of a rape accused man.
