LI Network
Published on: 09 August 2023 at 12:30 IST
The Allahabad High Court has recently ruled that the absence of resistance from a married woman with prior sexual experience implies that her physical relationship with a man cannot be deemed non-consensual.
Justice Sanjay Kumar Singh presided over a case where an application sought to quash a charge-sheet and related proceedings against the applicants under various sections of the Indian Penal Code (IPC).
The complainant, in this case, alleged offences under Sections 376 and 506 of the IPC against the applicants.
The victim, a married woman with an acrimonious relationship with her husband, claimed that applicant no.1-Rakesh Yadav had assured her of marriage and coaxed her into a relationship, during which they engaged in physical relations.
The victim contended that she was misled into believing that a marriage had taken place.
Applicant’s counsel, Mr. Raj Kumar Kesari, argued that the victim was a mature married woman of around 40 years with prior experience in sexual relations.
He emphasized that she willingly engaged in a consensual relationship with the applicant, and it was not a case of rape. Kesari asserted that the victim’s consent for the physical relationship was valid and not influenced by any misconceptions.
The High Court acknowledged that the victim was an adult married woman, around 40 years of age, and made an informed choice to live in a relationship with applicant no.1, pursuing the goal of marrying him.
The court opined that if a married woman with sexual experience does not resist, it cannot be concluded that her physical relationship with a man was against her will.
In light of this perspective, the bench scheduled the case for a hearing after a span of 9 weeks.
Case Title: Rakesh Yadav And 2 Others v. State of U.P. and Another