Physical Relationship Not Against Will If Married Woman Offers No Resistance: Allahabad HC
The court made the observation while granting bail to a man accused under sections 376 (rape), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code
The Allahabad High Court recently observed that if a sexually experienced married woman does not offer resistance, her physical relationship with a man cannot necessarily be considered against her will.
The court made the observation while granting bail to a man accused under sections 376 (rape), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code.
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The case arose when a widow, aged 30, alleged that her 20-year-old brother-in-law had promised marriage and consistently engaged in sexual relations with her for two years. She further claimed to have become pregnant, only for the accused to pressure her into an abortion. When he subsequently severed contact and threatened her, she filed a complaint.
The court noted that the victim’s claims regarding pregnancy were not supported by medical evidence and pointed out that she had refused an internal medical examination.
The bench of Justice Sanjay Kumar Singh highlighted the woman’s life circumstances, acknowledging her as a mother of three, capable of understanding the moral implications of her actions. The court underscored that an experienced adult’s participation in a relationship without visible resistance indicates consent, barring substantial evidence to the contrary. This observation, coupled with the lack of corroborative evidence on the pregnancy and allegations of coercion, raised doubts about the victim’s narrative.
The accused’s counsel contended that the complaint stemmed from personal grievances after he refused marriage. The counsel emphasised the age disparity between the parties, suggesting that the victim sought to implicate the man maliciously. They also argued that the allegations were unsupported by factual evidence.
Acknowledging these submissions, the high court concluded that the applicant had established a prima facie case for bail. It cited the nature of the accusations, the evidence presented, and the circumstances surrounding the complainant’s claims as grounds for granting relief.
The court also directed the accused to adhere to strict conditions, including refraining from influencing witnesses, avoiding further criminal activity, and cooperating fully with the judicial process.
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