The Allahabad High Court has ruled that even if a woman consents to a sexual relationship, it will still be considered rape if the consent was given under fear or due to a misconception. Justice Anis Kumar Gupta made this observation while dismissing a petition by Raghav Kumar, who sought to quash the criminal proceedings against him in a rape case based on the pretext of marriage.
Raghav Kumar had challenged the charge sheet filed in December 2018, which accused him of rape under Section 376 of the Indian Penal Code (IPC) at a police station in Agra. The criminal proceedings in the case are ongoing before the district and sessions judge in Agra.
According to the FIR, the accused initially established a sexual relationship with the woman by rendering her unconscious and later continued to exploit her on the promise of marriage. The petitioner’s counsel argued that the two were known to each other, preparing for civil services exams, and had developed a consensual physical relationship over time. The counsel further claimed that no offense of rape could be established, as the relationship was long-standing and consensual.
However, the state counsel opposed the petition, asserting that the relationship was initiated through cheating and coercion, thus invalidating any consent from the woman.
After reviewing the arguments and evidence, the court ruled on September 10 that since the initial relationship was established under deceit and threat, a prima facie case of rape under Section 376 IPC is made against the applicant. The court also noted that while the subsequent relationship may appear consensual, it was likely influenced by the fear and coercion created by the accused. Therefore, the court refused to quash the criminal proceedings.
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