The Karnataka High Court has ruled in favor of a police inspector from Shivamogga, B Ashok Kumar, dismissing rape charges against him while acknowledging that the relationship in question was consensual. The court emphasized that a consensual sexual relationship could not be classified as rape, but upheld charges of assault, criminal intimidation, and attempted murder against the officer.
The case dates back to 2017, when the inspector allegedly became involved in an intimate relationship with the complainant, a social activist and the wife of a police constable. In May 2021, the woman filed a complaint accusing the inspector of physical and sexual harassment over the years. She also alleged that the officer threatened her and her children to withdraw the complaint.
On November 11, 2021, the woman accused the inspector of picking her up, taking her to a hotel, and assaulting her both physically and sexually against her will. After seeking medical help for her injuries, she filed a case, which led to an investigation and charge sheet.
Justice M Nagaprasanna, in his judgment, explained that the rape charge under Section 376(2)(n) of the IPC could not be maintained as the relationship involved was consensual. However, he clarified that no relationship could justify assault or intimidation. The police inspector will continue to face trial for the remaining charges.
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