Having sexual intercourse with somebody else is immaterial in deciding a rape case

In the case of State of Maharashtra v. Mahadu Dagdu Shinde, the Aurangabad Bench of the Bombay High Court recently held that a rape victim having voluntary sexual intercourse with someone else is immaterial in deciding a rape case.

A Bench of Justices Ravindra V Ghuge and BU Debadwar, in this case declined to take into account the fact that the complainant was habitual to sexual intercourse according to the statement given by doctor, after she was deserted by her husband.

The case was related to rape charges against a 52-year-old by his brother’s daughter-in-law. The Sessions Court had acquitted the accused of the charges. This was an appeal which was dismissed on the ground that the prosecution failed to prove the case beyond reasonable doubt.

The High Court also noted that in this case the trial court has repeatedly used the word “Fu**ing”. The High Court also said that, “These words are used in slang language, are treated to be foul words and are utterly disrespectful to women.”

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