The Allahabad High Court has ruled that a sexual relationship, even with the consent of a woman, constitutes rape if such consent was given under fear or misconception. The court’s ruling came in the case of Raghav Kumar, who sought to quash criminal proceedings against him in a rape case under Section 376 of the Indian Penal Code (IPC).
Justice Anis Kumar Gupta, presiding over the case, dismissed Kumar’s petition, which challenged the charge sheet filed against him in December 2018 in Agra. The charge sheet was based on a complaint lodged by a woman who accused Kumar of establishing a physical relationship with her by rendering her unconscious and later exploiting her under the pretext of marriage.
The petitioner argued that both parties were preparing for the civil services examination and had developed a long-standing consensual physical relationship. His counsel claimed that no offence under Section 376 could be made, as the relationship was consensual over an extended period.
However, the state counsel argued that the relationship was initiated through deception and force, thereby nullifying any genuine consent from the woman.
In its ruling dated September 10, the court noted, “Since the initial relationship was established by the applicant with an element of cheating, threat, etc. against the will of the opposite party woman, prima facie an offence under Section 376 IPC is made out.”
The court also observed that while the subsequent relationship appeared consensual, it was tainted by the initial threat and deception. The court thus declined to quash the criminal proceedings against Kumar, emphasising that consent given under duress or false promises cannot be deemed valid.
This ruling reiterates the judicial stance that consent obtained under coercion or false pretenses does not absolve the accused from charges of rape.
(With inputs from PTI)