Orissa High Court Acquits Man in Rape Case, Citing Lack of Resistance from Victim
The Orissa High Court recently acquitted a man accused of raping his sister-in-law, highlighting that her lack of resistance, considering her age and sexual experience, suggested the act was consensual.
Case Details
The victim lodged an FIR, claiming that on March 16, 2014, while returning home through a forest in the evening, the accused forced her into sexual intercourse. When she didn’t return home by sunset, her husband searched for her and found her in a compromising position with the accused in the forest. Upon seeing her husband, the victim kicked the accused, who then fled.
Court’s Observations
After investigating, the police charged the accused under section 376(2)(f) of the IPC. The trial court convicted him, but he appealed to the High Court. The High Court noted that the medical examination conducted a day after the incident revealed no injuries or signs of recent sexual intercourse on the victim. The victim’s testimony mentioned torn clothes and broken bangles, but these details were not supported by the evidence list.
Additionally, the medical report showed different blood groups for the victim and the accused, with no physical evidence of force or injury. The court concluded that the lack of resistance from the victim, an experienced adult woman, indicated that the intercourse was consensual.
Judge’s Statement
Justice Sangam Kumar Sahoo stated, “If the victim, who is a grown-up lady and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her single-handedly, the Court may find that there was no force or the said act was not against her will.”
Conclusion
The court ruled that the sexual intercourse happened with the victim’s consent, and only because her husband witnessed the act did she accuse the appellant to “save her own skin.” The High Court thus acquitted the appellant of all charges.
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