The Orissa High Court has acquitted a man accused of raping his sister-in-law, ruling that her lack of resistance indicated the act may not have been against her will. The court emphasized that the woman, being an adult with prior sexual experience, did not protest during the alleged act, suggesting consent.
The case dates back to March 16, 2014, when the victim filed an FIR claiming she was forced into sexual intercourse by the accused while walking through a jungle. According to the victim, the incident occurred in the evening, and when she did not return home by sunset, her husband went searching for her. He allegedly found her in a compromising position with the accused, at which point the victim kicked the man, causing him to flee.
Following the FIR, the police conducted an investigation, and the trial court found the accused guilty under Section 376(2)(f) of the Indian Penal Code (IPC). However, the accused appealed the conviction in the Orissa High Court.
The High Court, after reviewing the evidence, noted that the medical examination conducted the day after the incident showed no physical injuries on the victim and no signs of recent sexual activity. Furthermore, the victim’s claim that her blouse was torn and her bangles were broken during the alleged attack was not supported by the police’s seizure report of her clothing.
In addition, the medical reports showed a mismatch in blood groups between the victim and the accused, further raising doubts about the prosecution’s case. The court highlighted the lack of resistance from the victim, a key factor in determining the absence of force.
Justice Sangam Kumar Sahoo, who presided over the case, stated, “If a grown woman with sexual experience does not offer sufficient resistance during an alleged sexual act, the court may conclude that there was no force and that the act was not against her will.”
The court ultimately concluded that the sexual intercourse was consensual and that the victim only blamed the accused after being caught by her husband in a compromising situation. As a result, the accused was acquitted of all charges.
This ruling sheds light on the importance of evidence and the need to assess all factors before arriving at conclusions in cases involving sexual allegations.
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