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孟买高等法院:因相爱而发生关系 不算强奸

Sexual relations due to deep love not rape, Bombay High Court says

孟买高等法院:因相爱而发生性关系 不算强奸

Murari Shetye| TNN | Updated: Apr 2, 2018, 10:38 IST

PANAJI: The Goa branch of the Bombay high court has recently held that a man cannot be convicted for rape for having sexual intercourse with a woman by "a misrepresentation of fact", when there is evidence of "a deep love affair" between the two.

帕纳吉:孟买高等法院果阿分院近日表示,如果有证据表明两人之间存在“深爱”时,就不能因为男子与女子发生性关系,而“歪曲事实”判男子强奸罪。

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The HC set aside a seven-year jail term and Rs 10,000 fine awarded by a trial court against the accused for raping a woman after giving false promise to marry her. The accused appealed against the order. In 2013, a passing acquaintance between two casino workers turned into a love affair. Then chef Yogesh Palekar took the woman home to introduce her to his family. His family was not at home and she stayed back for the night. After sexual relations, woman filed rape complaint.

初审法院因男子对女子做了虚假的结婚承诺而判决被告强奸,并处以7年监禁、1万卢比罚金的惩罚。被告不服判决而上诉。高等法院驳回了初审法院的判决。2013年,2名赌场工作人员相识后很快便坠入情网。后来,厨师尤盖希·帕拉卡将女子带回家,要将女子介绍给家人。家人外出,女子留下来过夜。发生性关系后,女子提起强奸诉讼。
They had sexual intercourse and the next morning he dropped her home. Later, too, they had sexual intercourse at his residence on three or four occasions. He, however, refused to marry her as she belonged to a lower caste.

他们发生了性关系,第二天早上他就把她送回家了。后来,他们也在他的住所又发生了三到四次性关系。然而,他拒绝娶她,因为她属于一个较低的种姓。

The woman then filed a complaint of rape against Palekar and stated that she had agreed for sexual intercourse as he had promised to marry her. In the course of the trial, it was also revealed that the survivor provided Palekar with financial support.

随后,这名女子向帕拉卡提出了强奸指控,她表示之所以愿意与他发生性关系,是因为他已经答应和她结婚。在初审过程中,她还透露对帕拉卡提供了财政支持。

Justice C V Bhadang held that the evidence clearly showed that “the consent could not be said to be based only on the promise made by Palekar, but was out of love affair” between the two. “Even after this, their relationship continued,” the court noted, adding that the woman “used to provide the appellant financial help for his daily needs and both of them had sex on 3-4 occasions” in his house. “It can thus be clearly seen that there was a clear consent on the basis of which they had a physical relationship,” the court said. The woman, the judge said, also “went to the extent of withdrawing” her complaint by filing an affidavit as the man was undergoing treatment at the Institute of Psychiatry and Human Behaviour in Goa for depression. She cited emotional and personal reasons for her decision. “This clearly shows there was deep love between them. Had the intention of the appellant (Palekar), since inception, been to exploit the survivor, he would not have apprised her about his delicate financial condition,” Justice Bhadang said. As she had helped Palekar financially, it cannot be accepted that he was in a position to dominate or exploit the woman sexually, the court added.

CV Bhadang法官认为,证据清楚地表明,“同意不仅仅是因为帕拉卡的承诺,而是两者之间的爱”。“即使在这之后,他们的关系仍在继续”,”法院补充指出,这名女子“曾为上诉人的日常生活提供财务支持,两人在他的房子里都有过3-4次性生活”。法院表示:“因此,可以清楚看到,他们是在双方明确同意的基础上发生了关系。”法官说,“这名女子还曾提交一份宣誓书来撤回她的控诉,因为该男子在果阿的精神病学和人类行为研究所治疗抑郁症。”她因情感和个人原因而做出这个决定。Bhadang法院表示:“这清楚地表明他们深爱彼此。如果上诉人(帕拉卡)一开始就是为了折磨原告,他肯定不会告诉她自己囊中羞涩。”法院补充说,由于她在经济上资助了帕拉卡,所以不能认定帕拉卡在性方面控制和剥削女子。

译文来源:三泰虎 http://jblasi.com/44565.html

印度时报网友评论:

A Singh

13334

A Singh-9 hours ago

Will support the court ruling in this case.

支持法院判决

 

Bystandar

10700

Bystandar-Byander-6 hours ago

When her devious calculations go wrong she obviously cries rape. There is no love in any way or stage. Just machinations.

当她的如意算盘打错的时候,她当然就哭着喊强奸了。。没有真爱,只有阴谋。

 

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