The Orissa High Court has recently acquitted a man who was accused of raping his sister-in-law. The court ruled that the lack of resistance from the victim, who was an experienced adult, suggested that the act may not have been against her will.
The victim had reported the incident, claiming that on March 16, 2014, she was forced into sexual intercourse by the accused while she was walking home through a forested area. Her husband later found her in a compromising situation with the accused, which led to the accused fleeing the scene after being kicked by the victim.
Following the FIR, police investigated and charged the accused under Section 376(2)(f) of the Indian Penal Code (IPC). The trial court convicted him, but the accused appealed the decision to the High Court.
The High Court reviewed the medical examination of the victim, which showed no injuries or signs of recent sexual activity. Additionally, the victim’s account of torn clothing and broken bangles was not corroborated by the seizure list.
The court also noted that the victim’s blood type was different from the accused’s, which did not directly impact the case but added context. Justice Sangam Kumar Sahoo, who reviewed the case, observed that since the victim did not resist or protest against the accused, the act might have been consensual.
Justice Sahoo stated, “If a grown woman with sexual experience does not resist a sexual act, the court may find that there was no force and that the act was not against her will.” The court concluded that the victim’s allegation was made to shift blame after her husband witnessed the act.
The court’s decision underscores the importance of evidence of resistance in rape cases and highlights that consent can sometimes be inferred from the lack of resistance.
Case Title: Sanu Munda v. State of Odisha
Case No: JCRLA No. 20 of 2021
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