Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

Sparsh Upadhyay

14 Jan 2025 7:43 AM

  • Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

    While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will. A bench of Justice Sanjay Kumar Singh observed this while granting relief to a...

    While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will.

    A bench of Justice Sanjay Kumar Singh observed this while granting relief to a 20-year-old accused arrested in September 2024, who is currently facing a chargesheet under Sections 376, 504, and 506 IPC.

    The single judge noted that the alleged victim, mother of three children aged about 9 years, 7 years and 4 years, was capable of understanding the significance and morality associated with the act to which she was consenting.

    Essentially, the alleged victim, whose husband passed away 4 years ago, accused the applicant, an unmarried 20-year-old man and who is her brother-in-law, of engaging in a continuous physical relationship with her for the past two years under the pretext of marriage and a promise to take care of her children.

    It was her case that she became pregnant during this time, but the accused refused to marry her, pressured her to have an abortion, and subsequently switched off his mobile phone while also issuing threats to her life.

    Seeking bail in the case, the counsel for the accused argued that the FIR had been lodged by the victim in order to settle her personal score and that in her medical examination, the pregnancy test of the victim was found negative, and she has also refused for her internal medical examination.

    His counsel also contended that the victim is aged about 30 years, whereas the applicant is aged about 20 years and in fact, it was the victim who wanted to marry the applicant but on refusal from the side of the applicant, he has been falsely implicated in the present case.

    Noting that the part of the allegation with regard to her pregnancy is not supported by medical evidence, therefore, the possibility of false implication of the applicant cannot be ruled out, the Court granted him bail.

    Case citation: 2025 LiveLaw (AB) 12 


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