In a significant ruling, the Allahabad High Court declared that a sexual relationship, even if consensual, qualifies as rape if the woman’s consent was obtained under fear, coercion, or misconception. This ruling reinforces the importance of genuine, uninfluenced consent in relationships.
The case involved a petition filed by Raghav Kumar, who challenged the criminal proceedings against him under Section 376 of the Indian Penal Code (IPC), which pertains to rape. Kumar sought to quash a charge sheet filed in 2018, related to a rape case lodged at a police station in Agra.
According to the allegations, Kumar initially rendered the woman unconscious to establish a physical relationship. He then continued to exploit her sexually under the false promise of marriage. The woman claimed that her consent was based on fear and deception, making the relationship non-consensual in the eyes of the law.
The counsel for Kumar argued that the relationship was consensual and had lasted for a significant time. Both parties were familiar with each other and were preparing for civil services exams together. The defense stressed that this longstanding relationship could not be classified as rape.
However, the state counsel opposed this view, highlighting that the relationship began under fraudulent circumstances and was forced upon the woman. The argument was made that the woman’s initial consent was not given freely, as it stemmed from fear and deceit.
After reviewing the evidence and hearing both sides, the court ruled on September 10 that since the relationship was established under false pretenses, it constitutes an offence under Section 376 of the IPC. The court observed that even though the relationship appeared consensual later, the woman’s initial consent was coerced. As a result, the request to quash the proceedings was rejected.
This judgment emphasizes that consent must be voluntary and free of any manipulation or threats. If obtained through fear or deceit, such consent is legally invalid, and the act becomes a punishable offence under the law.
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