Sexual Consent Under Fear is Rape, Rules Allahabad High Court
The Allahabad High Court has said that if a woman gives sexual consent while under fear or false promises, it still counts as rape under Indian law.
Justice Anis Kumar Gupta gave this ruling while rejecting a plea by Raghav Kumar. He had asked the court to cancel criminal proceedings against him in a rape case registered in Agra district.
The FIR, filed in 2018, alleged that Raghav first had physical relations with the woman by making her unconscious. Later, he continued to sexually exploit her by falsely promising marriage.
Raghav’s lawyer claimed that both the man and the woman knew each other and were preparing for civil services exams together. The lawyer argued that their relationship was consensual and had continued for a long time. He said, “Since the relationship was ongoing and consensual, no offence under Section 376 (rape) of the IPC is made out.”
However, the state lawyer opposed the plea and stated that the relationship was forced from the beginning. The initial act involved cheating and threats, and the woman’s consent was not genuine.
After reviewing the case, the court stated that the first sexual encounter was forced and involved deception. Even if later encounters seemed consensual, they were under pressure created by the accused.
The court ruled, “Since the initial physical relation was under threat and cheating, and later ones were based on a false promise of marriage, a clear case under Section 376 IPC is made against the accused.”
The court refused to cancel the case, stating there were strong reasons for the trial to continue.
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