The Allahabad High Court has ruled that a sexual relationship, even if consensual, amounts to rape if the woman consents under fear or misconception. The court made this decision while dismissing a petition filed by Raghav Kumar, who sought to stop criminal proceedings against him in a rape case.
Justice Anis Kumar Gupta, who presided over the case, rejected the plea. The accused, Raghav Kumar, had requested the court to quash the charge sheet filed against him in December 2018, where he was accused of rape under Section 376 of the Indian Penal Code (IPC) in Agra.
According to the FIR, the accused first physically assaulted the woman by rendering her unconscious and continued exploiting her sexually under the pretext of marriage. The woman alleged that she was pressured into continuing the relationship due to the promise of marriage.
The accused argued that he and the woman were preparing for civil services examinations and had developed a consensual relationship that lasted a long time. His counsel argued that since the relationship was consensual, the rape charges were baseless.
However, the state counsel opposed this argument, claiming that the relationship began under deception, and the woman did not fully consent. The court, after reviewing the evidence, ruled that since the initial relationship involved cheating and threats, the rape charges were valid. The court further stated that even though the subsequent relationship appeared consensual, it was rooted in fear and promises of marriage, making it non-consensual.
Thus, the court upheld the charges and refused to quash the proceedings against the accused.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
