Orissa High Court Acquits Man in Rape Case, Citing No Resistance from Adult Victim
In a significant ruling, the Orissa High Court has acquitted a man accused of raping his sister-in-law, stating that the alleged victim, an adult woman with sexual experience, did not resist the act, which indicates it may have been consensual.
The case dates back to March 16, 2014, when the woman claimed that the accused forced her into sexual intercourse in a jungle while she was returning home in the evening. She filed an FIR stating that she was attacked and forced. However, the incident was witnessed by her husband, who went looking for her and found her in a compromising position with the accused. The woman reportedly kicked the man upon seeing her husband, and he fled the scene.
A police investigation followed, and a charge sheet was filed. The trial court convicted the accused under Section 376(2)(f) of the IPC. He later appealed to the High Court.
Justice Sangam Kumar Sahoo, while examining the case, noted several inconsistencies:
- The medical report showed no signs of recent sexual activity, injuries, or bleeding.
- The woman said her blouse was torn and her bangles broke, but no such evidence was recorded in the seizure list.
- The blood groups of the victim and the accused did not match, raising further doubts.
- The court also observed that the woman did not physically resist the accused.
The court concluded that the alleged sexual encounter was consensual and that the woman may have accused the man only because her husband caught them. Justice Sahoo stated:
“If a grown-up woman with experience in sex does not offer resistance to the act, it may not be considered against her will.”
Based on this reasoning, the court set aside the conviction and acquitted the appellant.
Case Title: Sanu Munda v. State of Odisha
Case No: JCRLA No. 20 of 2021
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