“The prosecutrix (victim) appears to be a lady used to sexual intercourse and a dissolute lady. She had no objection in mixing up and having free movement with any of her known person, for enjoyment.
“Thus, she appeared to be a woman of easy virtues,” a bench of Justices Mukundakam Sharma and B S Chauhan said in a judgement which rejected the prosecution’s view that the victim was a minor.
Musauddin Ahmed alias Musa was earlier convicted for rape and sentenced to 10 years imprisonment by a sessions court in Kamrup, Guwahati. The Guwhati High Court upheld the conviction for rape but reduced the sentence to four years imprisonment, after which Musa appealed in the high court.
He took the plea that there was no rape and it was a case of consensual sex.
Upholding the plea, the apex court said there were a number of contradictions in the statements made by the victim to investigating agencies during her examination in trial courts.



