因相爱而发生关系 不算强奸，印度网友: 法院判得好

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。

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。

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。

 

Arvind T

1325

Arvind-6 hours ago

very good decisions but seems guy already suffered almost 5 years
I can see all lower courts still giving such punishment fr mutual sex ( when later girl turned against him) and HC and SC do release him but after several years. don't know when we come out of it . no one thinks ok boys side and his life

判得好，看来这家伙已经受苦5年了。

当女孩反咬一口的时候，所有的初级法院都会对相互的性行为判刑。很多年后，高等法院才会释放他。。不知道什么时候才能摆脱这种局面。没有人为男人和他的生活想一想。

 

Mailrsvp Xxxxxx

225

mailrsvp xxxxxx-6 hours ago

The court has rightly given its ruling. As every casual encounter may end up in blackmailing the men or accusing them of rape. Where it is casual encounter and has happened multiple times, just a mere promise to marry and later not doing it should not be construed as a rape.

法院作出了正确的裁决。一次偶然的相遇有可能指控他们勒索或强奸。但如果多次发生，仅仅因为本来是承诺结婚，后来没有做到，不应该被视为强奸。

 

5 Rvk

4736

Rvk-New Delhi-6 hours ago

Why only woman file rape case against man...why not Man do the same against a woman?. Why can't law understand that woman also rape man.

为什么只有女人会指控男人强奸。。。为什么没有男人这么指控女人呢？？法律为什么不知道，女人也可以强奸男人？

 

Madhu N R

13467

Madhu N R-Trivandrum-8 hours ago

the judge needs his brain washed. Consent for sex and financial help was given foreseeing marriage. Caste was not a problem for the idiot to get an erection.

法官的脑子应该洗一洗。。是因为对婚姻的期许才有性关系和财务资助的。

 

Bhawani_shankar

2999

bhawani_shankar-6 hours ago

As reported in the news article, the sex was consensual, hence it cannot be termed rape. It can be tried as a case of cheating, as the basis of the complaint is the false promise of marriage.

正如新闻所报道的那样，性行为是双方自愿的，因此不能称之为强奸。它可以作为一个欺骗的案例，诉讼的基础是虚假的婚姻承诺。

 

Kanav Mangal

54

Kanav-4 hours ago

Love or not
A consent is a consent
Don't cry rape every time you get cheated
Nobody forced you to do anything

爱或不爱

同意了就是同意了

不要一被骗就喊强奸

没人强迫你

 

Harsh Kaul

3901

Harsh-8 hours ago

At least he should be punished for cheating.?

至少应该判他欺诈？？

 

10 DON QUIXOTE

135

Don-9 hours ago

The assertion that the woman providing financial help to the guy equals to deep love and therefore consensual and the act of the man is not amounting to rape sounds to be in itself a miscarriage of justice. This must be appealed against in Supreme Court.

女人向男人提供经济援助就等于深爱？因此认定男人的行为不等于强奸，这是一种误判。应该向最高法院上诉。

 

Brij Vats

156

Brij-1 hour ago

Men should also be allowed to file false rape cases on women who ditch them for a richer Man

应该允许男性对那些抛弃他们、嫁给有钱男人的女性提出虚假强奸诉讼。

 

Mark Cruzo Noronha

1555

Mark-6 hours ago

sex without marriage is Rape in India ??

在印度，不以结婚为目的的性行为，都算强奸？？

 

Kumaran Srinivasan

42

Kumaran-1 hour ago

God bless this judge.. you have been gifted brains unlike other idiot judges

上帝保佑这个法官。。。你的脑子比其他白痴法官好多了

 

Bijay Kumar Naik

24

Bijay Kumar-Bhubaneswar-4 hours ago

I welcome the decision given by honourable judge, now a days women's also want to enjoy the sex but the turn come when they feel insecure while doing sex and register a false case that he raped me.

强烈支持法官大人的判决，现在女性也享受性爱，但当她们缺乏安全感时，并去提告被强了。

 

15 Murari Das

280

Murari-Kolkata-2 hours ago

Finally some sense in courts and justice system.

法院与司法体系终于有点正常了。

 

Sanatan Issar

10776

Sanatan Issar-4 hours ago

Court''s observation seems to be right in this case

法院的判决是对的。

 

Thomas George

32

Thomas George-6 hours ago

He might have come out clean in the court of law. But can he remain blameless before his consciousness?

法院可能判定他无罪。但他的潜意识里，也是无罪的吗？

 

Rajesh Vaghela

337

Rajesh Vaghela-PUNE-6 hours ago

interesting, Looks woman was in true love with man, she given financial help to man, she gave her body to man, she even retracted from FIR for welfare of man, Other side, man used woman for financial and sexual use and denied marriage because she is lower caste. Later when woman file case, he played immotional drama and weaken her case. I don''t see fault of Judge because he/she gives decision based on argument and fact by lawyers. Woman is alone now. very sad.

太有趣了，女人应该是真心爱男人的，人财两失；另一边，男人享受着女人的金钱和身体，却不娶她，就因为她是低种姓。后来，当女人提告时，他演了一出好戏。我不认为法官有错，因为他/她是根据律师的论点和事实做出决定的。剩女人孤零零的。好难过。

 

Rema Muralidhar

926

Rema Muralidhar-1 hour ago

Very good decision and we support the judgement.

判得好，支持。。

 

20 Aaaa

16662

Aaaa-India-1 hour ago

In country like India, sex before marriage is a taboo. When one indulges in it before marriage on any pretext, they know what they are getting into. If one is in so much love, then get married and then have sex. Please don''t say promise was broken. Even after marriage, there is a guarantee that it will not result in divorce. So, sex is sex. If one wants to enjoy then please don''t blackmail.

在印度这样的国家，婚前性行为是一个禁忌。当一个人以任何借口在结婚前沉溺于此，他们就知道自己将可能面临什么。如果真的深爱，就结婚，然后在OOXX。请不要违背了诺言。即使结婚了，也不能保证不离婚。所以，性就是性。如果一个人想要享受，那就不要讹诈。

 

A Kumar

7305

A Kumar-3 hours ago

For last few years Courts are really doing well. Hats off to CJI

最近几年，法院做的不错。

 

Mano Naga

137

mano naga-4 hours ago

At last common sense prevailed. some women have it all to easy, thanks to stupid legality. Getting F**ed randomly then complain. Because of these B!tches court system is clogged and the real rape victims have to suffer the delay

最后，常识占了上风。一些女性自己太随便了，随意跟别人。。。然后再控告。因为这些女表子，法院系统都被堵了，真正的强奸受害者只能延迟受理。

 

Siddharth Mehta Siddharth-4 hours ago

concensus sex can never ever be rape and if it is then make women liable as rapist as well

双方同意的性行为不能算强奸，不然，女性可以被当做强奸犯。

 

Da Da

23253

Da Da-4 hours ago

It has become normal in our society first love then after break call sexual harassment .However HC has now given right decision.

现在的社会，初恋分手都会被指控性骚扰。。幸好高等法院作出了正确的判决。

 

25 Tantramantrayantrayoga

1092

Tantramantrayantrayoga-New Delhi-5 hours ago

That is a much sensible judgement in times when headings are filled with men accused and sentenced even if it is a break up in a normal relationship.

这是一个非常明智的判断。经常看到因为正常分手而被指控、判刑的人

 

Satbeer Gujjar

11609

Satbeer Gujjar-6 hours ago

Funny. He could have sex with a low caste woman, apparently that wouldn''t make him impure. But marrying her by signing a paper certificate in the registrar''s office would make him impure and lessen his dignity. Hahaha. The way the caste system has been tweaked and modified is horrible.

真有趣。他可以和一个低种姓的女人发生性关系，显然这不会使他不纯洁。但是，如果他在司法常务官办公室签署纸质证书，与她结婚，就会使他变得不纯洁，并辱没他的尊严。哈哈哈。种姓制度太可怕了。

 

Rafi Uddin

1573

Rafi Uddin-2 hours ago

Why judgement is different in different courts in the same kind of case when sc had already made it clear that sex with mutual consent is not rape.these judges are all crooks.

为什么在相同的情况下，不同的法庭会有不同的判决？高等法院已经明确表示，双方自愿的性行为不是强奸。这些法官都是骗子。

 

Hridoy Baruah

14737

Hridoy-2 hours ago

Judge is absolutely right.

法官太英明了。

 

Vnavale

692

Vnavale-Bengaluru-2 hours ago

The trial court judge should be sacked. it's not rape if man does not marry a woman. you don't even need to be a judge to know that.

应该把初审法院的法官炒了。男人不娶女人，不能算强奸。不需要做法官，我们就能知道这一点。

 

Joshua Mumbai

15516

joshua mumbai-3 hours ago

at last some rules are made to save male!!

终于有法规来拯救男性了。。