LI Network
Published on: 3 August 2023 at 10:45 IST
The Orissa High Court recently acquitted a man who was accused of raping his sister-in-law, stating that the woman, being a married adult with prior sexual experience, did not resist the alleged forceful act.
Justice Sangam Kumar Sahoo observed that since the victim was a grown-up lady with experience in sex, her failure to offer sufficient resistance to the accused’s advances indicated that there was no force or coercion involved.
The Court clarified that mere helpless resignation or passive compliance cannot be construed as consent when volition is clouded by fear or duress.
In this case, the woman alleged that she was compelled to have sexual relations with the accused in 2014 while passing through a forest. However, the Court found that there was no evidence of resistance or injuries on her person to support the claim of forcible intercourse.
The medical examination conducted by a doctor the day after the alleged incident revealed no physical injuries on the woman’s body, and there were no indications of recent sexual intercourse or injuries causing bleeding.
The human semen found on the victim’s clothing did not match that of the accused, according to medical evidence.
The Court further noted that the woman’s actions during the incident suggested that she was a consenting party. When her husband discovered them in the forest, the woman kicked the accused, prompting him to flee the scene.
Based on the lack of resistance, medical evidence, and the overall circumstances, the Court quashed the case against the accused and allowed the appeal.
The conviction under section 376(2)(f) of the Indian Penal Code was deemed unsustainable in the eye of the law.
Advocate Chandan Samantaray represented the accused, while Advocate Manoranjan Mishra represented the State in the proceedings.