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The Supreme Court has in the case of State of Maharashtra Vs. Mardikar, held that "the unchastity of a woman does not make her open to any and every person to violate her person as and when he wishes.

Finally she was rescued by the police- acting on a complaint filed by her neighbour.

On appeal the Nagpur bench of the Bombay High Court set aside the judgment of the Sessions Court, and sentenced the accused namely Tukaram and Ganpat to one and five years of rigorous imprisonment respectively.

The Court held that passive submission due to fear induced by serious threats could not be construed as consent or willing sexual intercourse.

As observed by Justice Arjit Pasayat: "While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female." Sexual harassment is nothing less than the showcasing of male dominance.

Given an opportunity, such men (those committing sexual harassment) would try fulfilling their desire.


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