"Surrender Can Never Be Construed as Consensual Acts of Sexual Intercourse" Kerala High Court Upholds Conviction Of A Rape Accused - Synopsis
Parul Madaan 7 Jul 2020

The Kerala High Court In the case of Thankappan P.K vs State Of Kerala  CRL.A.No.564 OF 2018, the accused committed rape on the victim girl, a minor aged 14 years belonging to a Scheduled Caste, and impregnated her.


The Trial court found that the prosecution has not proved the age of the victim girl and failed to establish that the case is one that falls under the sixth description in the definition of 'rape' in terms of Section 375 of the IPC.


 The court held that the documents showed that the victim girl was under a social and psychological hierarchical threat. In a case of this nature, the behaviour on the part of the victim girl as she surrenders to the accused as and when desired by him can not be said to be unusual or abnormal and such The Kerala High Court in the case of Thankappan P.K vs State Of Kerala  CRL.A.No.564 OF 2018, the accused committed rape on the victim girl, a minor aged 14 years belonging to a Scheduled Caste, and impregnated her.


The Trial court found that the prosecution has not proved the age of the victim girl and failed to establish that the case is one that falls under the sixth description in the definition of 'rape' in terms of Section 375 of the IPC.


 The court held that the documents showed that the victim girl was under a social and psychological hierarchical threat. In a case of this nature, the behaviour on the part of the victim girl as she surrenders to the accused as and when desired by him can not be said to be unusual or abnormal and such surrender can never be perceived as consensual acts of sexual intercourse.

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