Can't Say Physical Relationship Was Without Consent If Married Woman Having Experience In Sex Doesn't Offer Resistance: Allahabad HC

The Allahabad High Court has observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relationship with a man was against her will.

The bench of Justice Sanjay Kumar Singh observed thus while staying criminal proceedings initiated against a person accused of committing rape against a 40-year-old married woman/victim.

The Court noted that the alleged victim, without giving divorce to her husband and leaving her two children, started living in a live-in relationship with applicant no.1 (Rakesh Yadav) in order to achieve her aim of marriage with him.

The case in brief

Essentially, the Court was dealing with the plea filed by 3 accused seeking to quash the charge sheet filed against him, upon which cognizance had been taken against applicant no.1 under Sections 376, 506 IPC and against applicant nos. 2 and 3 under Sections 504 and 506 IPC by the Court of Additional Civil Judge (Junior Division), New Court No.III/Judicial Magistrate, Jaunpur. 

It is the case of the alleged victim that her marriage was solemnized in the year 2001 with her husband and thereafter from their wedlock, two children were born. Since there was an acrimonious relationship between her and her husband, Applicant No. 1-Rakesh Yadav, allegedly took benefit of the situation, and coaxed her by assuring that he would solemnize marriage with her, therefore she stayed with him for five months, during which, on the pretext of marriage, he made physical relation with her.

It was also alleged that Co-accused Rajesh Yadav (applicant no. 2) and Lal Bahadur (applicant no. 3), brother and father of applicant no.1 also assured her that they would get her married to Rakesh Yadav and when she pressurised them for marriage, they took her signature on plain stamp paper and told that her notary marriage has been done, whereas, no such marriage was solemnized.

On the other hand, it was argued by the Counsel for the applicants that the alleged victim is a married lady aged about 40 years and a mother of two children and she is mature enough to understand the significance and morality of the act for which she was consenting and hence, it is not a case of rape but a case of consensual relation between applicant no.1 and the victim. 

Observing that the matter requires consideration, the Court stayed further proceedings of the criminal case against the applicants while granting liberty to the Opposite parties to file counter affidavit within six weeks. The matter has been posted for hearing after nine weeks. 

Also read: Married Woman Can't Claim She Was Cheated By A Man By Breaching Promise Of Marriage: Karnataka High Court

'Grown Up Lady Having Experience Of Sex Failed To Offer Resistance': Orissa High Court Acquits Man Accused Of Raping Sister-In-Law

Married Woman Can't Be Lured To Give Consent For Sex On False Promise Of Marriage: Jharkhand High Court

Promise Of Marriage Made To A Married Woman Cannot Become A Basis For Rape Case: Kerala High Court

Appearances

Counsel for Applicant: Raj Kumar Kesari

Counsel for Opposite Party: G.A.,Ambikesh Kumar Sharma

Case title - Rakesh Yadav And 2 Others vs. State of U.P. and Another

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