Educated woman having sex on marriage promise isn't rape: High Court

February 8, 2017

Kochi, Feb 8: An educated woman engaging in sex multiple times with a person who has promised to marry her can only be treated as consensual and not rape, says the Kerala high court. Even an uneducated woman cannot be cheated more than once or twice on the promise of marriage, the court said while setting aside a conviction for rape.

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The court was considering an appeal filed by 31-year-old Ratheesh Ramachandran of Ernakulam challenging a sessions court's judgment of April 2012 convicting him for rape. The complainant, a 27-year-old engineering graduate, had alleged in August 2008 that she was taken to a hotel where the accused had sex with her with force and she was thereafter subjected to sexual intercourse thrice at her home on different dates.

When he retracted from the promise to marry her in April 2008, she had attempted to commit suicide, the complaint had said. In his defence, the accused had contended that it a falsely foisted case due to despair in love and that the sexual relationships were with her consent. The trial court had sentenced the accused to undergo simple imprisonment for seven years and to pay a fine of Rs10,000.

Acquitting the appellant, the court said in the judgment, "An analysis of the evidence given by the lady will show that the lady had intercourse with the accused on many occasions at her residence. Even a common lady or an uneducated lady cannot be deceived more than once or twice on a promise of marriage. PW1 (complainant) is a well educated lady having a degree in engineering. It is quite unbelievable that she could be easily deceived on a marriage promise on many occasions. Admittedly, three or four such instances were at her residence, when her parents were away. Much probe is not required in this case to find that the sexual intercourse which the prosecutrix had with the accused on many occasions at her house was with her consent."

During the trial, a letter written by the complainant to a woman to whom the accused later proposed to and decided to marry was produced. Also, an email sent by the complainant to the accused after filing of the complaint was also adduced as evidence. The complainant had admitted during trial that both the letters were written by her.

In the judgment, the high court pointed out that the letters clearly show that the complainant had an illicit affair with the accused and she had sex with him several times with full consent and will. The complaint alleging rape was filed when the accused decided to marry another woman and when the complainant's efforts to dissuade him failed, the court said.

Declaring that the appellant is not guilty of the offence of rape, the court held, "On an appreciation of the entire evidence including the Ext.D1 and D4 documents (letters) admitted in clear terms by the prosecutrix, I find that this is a clear case of consent, and that the sexual intercourse was not at any time vitiated by any false promise. In the above circumstances, a conviction under Section 376 IPC (rape) is not possible at all. I find that the accused was wrongly found guilty by the court below."

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News Network
April 12,2024

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Bengaluru, Apr 12: The two men who allegedly plotted and executed the blast that rocked Rameshwaram Cafe in Bengaluru last month have been arrested from Kanthi in Bengal's East Midnapore district, the National Investigation Agency said Friday morning. 

Mussavir Hussain Shazeb and Abdul Matheen Taha were caught after a joint operation by central intelligence agencies and police from Bengal, Karnataka, Telangana, and Kerala, and are en route to Kolkata, the anti-terror agency said in a statement.

The available evidence indicates Shazeb planted the explosive device, placed inside a backpack, at the popular eatery. Taha was responsible for planning the attack and for their disappearance.

These are the second and third arrests in this case; last month Muzammil Shareef, who extended logistical support to the Shazeb and Taha, was taken into custody.

Residents of Karnataka's Shivamogga district, Shazeb and Taha were traced to Kanthi after officials conducted searches at 18 locations across Karnataka, Tamil Nadu, and even Uttar Pradesh.

The blast at Bengaluru's Rameshwaram Cafe on March 1 injured 10 people, customers and staff.

Fortunately there were no deaths; the bag containing the explosives was placed in a relatively less crowded area and against a large pillar that absorbed the brunt of the explosion.

After the blast, the NIA released photos and videos of the accused, as seen on CCTV cameras across Bengaluru. In one such clip, the accused - wearing a face mask - was seen boarding a bus.

The agency had declared a reward of ₹ 10 lakh for information leading to the arrest of each accused. The agency had also questioned their acquaintances, including college and school friends.

The Rameshwaram Cafe, which suffered extensive damage after the blast, reopened eight days later, with enhanced security measures including metal detectors.

BJP’s reaction

The Karnataka BJP on Friday attacked the Siddaramaiah government after the arrest of two men by the NIA in the Bengaluru cafe blast case, saying that the terrorists were 'brothers' of the Congress.

Taking to social media, Karnataka BJP stated, “National Investigation Agency (NIA) detains ‘Brothers’ of Congress in Rameshwaram Blast case. Ever since Jihadi Tipu Sultan’s admirers came to power in Karnataka, terrorists have got a free ride.”

“Chief Minister Siddaramaiah’s ‘Ease of Doing Terror’ Policies have prompted ISIS to now set up its shop in Karnataka. The only guarantee that CM Siddaramaiah has fulfilled is converting prosperous Karnataka into a terror hub,” the BJP stated.

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News Network
April 23,2024

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Mangaluru, Apr 23: As an outbreak of avian flu has been reported in some districts of neighbouring Kerala, the border areas of Karnataka, including Mangaluru, have been put on high alert, officials of the Karnataka Animal Husbandry department said.

At present, the situation in Kerala is being monitored before any action can be taken, they said.

“Our Kerala counterparts have assured us that the avian flu has been contained within Alappuzha district. However, loading, booking and carrying poultry and poultry products on trains and at railway stations are still under consideration (surveillance), the officials said.

Not only railways but also road transport ferrying chicken loads from Kerala to Mangaluru are under surveillance. Mangaluru, being one of the largest consumers of chicken from Kerala, has halted chicken procurement from Kerala-based suppliers.

Sudhakar Shetty, a market functionary, stated, “The animal husbandry department of Kerala has advised containment of avian flu within a few districts in Kerala. We are closely monitoring the situation.” Despite this, the market has not experienced significant fluctuations in supply yet, as local stocks have been adequate to meet the demand for the next few days.

Demand for chicken could fall for a few days due to a series of temple festivals in coastal areas, where many consumers refrain from consuming meat-based meals until Saturday. Nevertheless, Sunday could witness a change, as consumers may desire hot chicken curry for their Sunday meals, according to the local people.

As officials in the animal husbandry department in Dakshina Kannada have raised awareness in the market about avian flu in the neighbouring state, the question arises whether prices will fall if demand decreases.

“We do not want to contribute to the hysteria surrounding avian flu until our local stock falls below the level of demand,” said Aston D’Souza, a farm owner.

Dakshina Kannada also serves as a good market for suppliers from Shivamogga, Hassan, and Chikkamagaluru.

“In case supplies dwindle due to an unlikely prolonged shutdown of Kerala supplies, we can always purchase from those districts, albeit at a slightly higher cost than Kerala stock,” Shetty said.

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coastaldigest.com news network
April 10,2024

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Mangaluru, Apr 10: Hundreds of thousands of Muslims in the coastal city of Mangaluru and other parts of coastal Karnataka today observed Eid-ul-Fitr, marking the end of 29-day-long blessed month of Ramadan. 

The occasion falls on the first day of the 10th lunar calendar month of Shawwal, the start of which varies based on the sighting of the new moon.

Braving the scorching sun, Muslim men and children - and in some parts women too - thronged Eidgahs and mosques to express gratitude to their Creator by offering Eid prayers after distributing Zakat and Fitr among the poor and needy.

While praying for the acceptance of their month-long fasting and charity among other deeds, the imams also prayed for the acceptance of sacrifices of people of Gaza wherein Israel regime’s bloody war claimed thousands of lives including children and women in past six months.

Twaqa Ahmed Musliyar, the Qadhi of Mangaluru, led the Eid prayers and delivered the sermon at the historic Eidgah mosque at Lighthouse Hill. “We have fasted for a month to comply with the command of the Almighty. Let us also lead a pious life in the remaining 11 months of the year,” he said.

He exchanged Eid greetings with the devotees and called upon them to remember the lesser privileged people and needy during the festivities. “We have a social responsibility towards the poor and needy. As long as we attend to their problems, God's blessings will continue to shower upon us,” he said.

Karnataka Legislative Assembly Speaker U T Khader and several people’s representatives offered prayers at Eidgah mosque. Volunteers from Zeeanth Bhaksh masjid helped the police in maintaining traffic and discipline.

Children dressed in festival attire added colour to the celebrations. People wished Eid Mubarak and hugged each other.

The Eid prayers were held in all prominent mosques across the city. Taqwa Masjid in Pumpwell, Masjidunnoor in Hampankatta, Ihasan Masjid near Unity Hospital, Bolar Islamic Centre in Bolar, Ibrahim Khaleel Masjid near State Bank, Jamia Masjid in Kudroli and Kachi Memon Masjid in Bunder were overcrowded with devotees. Several thousand devotees offered prayers at Central Juma Masjid in Ullal on the outskirts of the city.

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