Orissa High Court Acquits Man in Alleged Rape Case, Cites Lack of Resistance
The Orissa High Court recently overturned a rape conviction, ruling that the alleged victim, being a grown woman with prior sexual experience, did not show sufficient resistance. The court held that the absence of protest indicated the act was not against her will.
Background of the Case
The case was based on an FIR filed by the victim, who alleged that on March 16, 2014, while returning home through a forested area, the accused—her brother-in-law—forced himself on her. When she did not return home after sunset, her husband went searching for her and found her in a compromising position with the accused. Seeing her husband, the woman allegedly kicked the accused, who then fled.
Following the complaint, the police investigated the matter and charged the accused under Section 376(2)(f) of the Indian Penal Code. The trial court convicted him, leading to an appeal in the Orissa High Court.
Court’s Observations and Verdict
The High Court examined multiple aspects of the case, including medical evidence and witness statements. The doctor who examined the woman a day after the incident found no signs of physical injury, no evidence of recent sexual intercourse, and no bleeding injuries.
Additionally, the court noted inconsistencies in the victim’s statement. While she claimed her blouse was torn and bangles were broken during the alleged assault, the police seizure report of her clothing did not reflect any such damage.
The court also considered medical reports showing that the blood groups of the victim and the accused did not match, further weakening the prosecution’s case.
Final Judgment
The court ruled that if an adult woman with sexual experience does not resist or protest during an alleged act of rape, it may not be considered forced. The judge stated that the victim accused the man only because her husband had witnessed the act, implying she wanted to protect herself from blame.
Based on these findings, the Orissa High Court acquitted the accused, stating that there was no conclusive evidence of coercion or force.
Legal Implications and Public Response
The ruling has sparked discussions about legal interpretations of consent and resistance in sexual assault cases. While some argue that the judgment follows legal precedents, others believe it raises concerns about how courts assess victim testimony in such cases.
This case highlights the complexities of sexual assault trials and the importance of thorough evidence analysis in legal proceedings.
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