The Allahabad High Court granted bail to a 20-year-old accused of rape, emphasizing that a sexually experienced adult’s lack of resistance in a relationship suggests consent unless proven otherwise. The court questioned the complainant’s narrative, citing the absence of medical evidence and allegations of malicious intent, while imposing strict conditions on the accused to ensure legal compliance.
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UTTAR PRADESH: The Allahabad High Court ruled that when a married woman who has prior sexual experience does not resist a physical relationship, it cannot automatically be considered that the act happened against her will.
This observation was made while granting bail to a man facing charges under sections 376 (rape), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code (IPC).
The case involved a 30-year-old widow who alleged that her 20-year-old brother-in-law had promised to marry her and maintained a sexual relationship with her over two years. She claimed to have become pregnant during this period, only to be pressured by the accused into an abortion. When he cut off contact and threatened her, she decided to file a complaint.
The court noted that her claims of pregnancy lacked medical evidence and emphasized that she had refused an internal medical examination.
Justice Sanjay Kumar Singh, who presided over the case, considered the woman’s background. He observed that the complainant, being a mother of three, was mature enough to understand the consequences of her actions.
The court remarked that-
“an experienced adult’s participation in a relationship without visible resistance indicates consent unless there is strong evidence to prove otherwise.”
This point, along with the absence of clear evidence to back up the claims about the pregnancy and coercion, led the court to question the credibility of the victim’s allegations.
The counsel representing the accused argued that the case was motivated by personal disputes after the man declined to marry her. They highlighted the age gap between the accused and the complainant and claimed that the allegations lacked factual backing. They suggested that the complaint was made with malicious intent.
After examining these arguments, the High Court determined that the accused had a strong basis for bail. The court considered the seriousness of the accusations, the available evidence, and the context in which the claims were made. Based on these factors, the court decided to grant bail to the accused.
However, the court imposed strict conditions on the accused. It ordered him to ensure that he does not influence witnesses, abstain from any further criminal activities, and fully cooperate with the judicial proceedings.
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