MALLESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Government Pleader.

(2.) The appellant was the accused before the Trial Court in the following background:

(3.) The learned counsel for the appellant, while taking this Court though the record, would point out that there is no dispute as to the complainant Lakshmi being a major by age and having had a sexual relationship with the appellant over a period of several months and it is also her case that the appellant having used force on the first occasion, had threatened her with dire consequences if she revealed the incident and had thereafter continued to visit her every eight to ten days till such time that her parents returned in February 2007. Therefore, between the period July 2006 to February 2007, it is the case of the complainant that the appellant would constantly visit her and have sex, much against her will. This, on the face of it, the learned counsel would point out, is not tenable. It is not the case of the prosecution that Lakshmi was under any kind of restraint from expressing her predicament to other people in the neighbourhood or her relatives. The appellant was not a stranger and was indeed related to her. Therefore, over the several months, there was no impediment for her to have complained about the alleged rape, repeatedly committed on her, by the appellant. As candidly admitted by the complainant, it was on account of the appellant refusing to marry her, that she was inclined to file a complaint alleging the offence punishable under Section 376, apart from other allegations. The learned counsel would therefore contend that the complaint is without any basis and is filed only out of spite that the appellant had resiled from his promise to marry her. The allegation of rape therefore, is clearly an excuse to ensure that the appellant is punished without there being any crime committed. The case that can be made out if all the allegations are accepted, is that there was consensual sex over a prolonged period of time and it is only for the above reason that the case has been filed.