LAW FOR ALL

Sec. 90 of I.P.C. , Sec.376, 417, and 419 I.P.C.- Marriage with already married man and living with him for some time - disputes arose due to elders interference No Rape 376 , No 417 and 419 of I.P.C.- Trial court punished under Rape , High court modified and set aside the punishment under sec. 417 and 419 and punished - both courts applied the law wrongly to the set of facts - Apex court held that We are in no manner of doubt that in the conspectus that unfolds itself in the present case, the prosecutrix was aware that the Appellant was already married but, possibly because a polygamous relationship was not anathema to her because of the faith which she adheres to, the prosecutrix was willing to start a home with the Appellant. In these premises, it cannot be concluded beyond reasonable doubt that the Appellant is culpable for the offence of rape; nay, reason relentlessly points to the commission of consensual sexual relationship, which was brought to an abrupt end by the appearance in the scene of the uncle of the prosecutrix. Rape is indeed a reprehensible act and every perpetrator should be punished expeditiously, severally and strictly. However, this is only possible when guilt has been proved beyond reasonable doubt. In our deduction there was no seduction; just two persons fatally in love, their youth blinding them to the futility of their relationship.= VINOD KUMAR …..APPELLANT .…..APPELLANT Versus STATE OF KERALA …..RESPONDENT=2014 ( Apr.Part ) judis.nic.in/supremecourt/filename=41385