Sexual relationship with woman's consent, if under fear, amounts to rape: Allahabad High Court

'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 (rape) IPC is made out against the applicant,' the court ruled while hearing a petition.

Prayagraj: Sexual relationship even with the consent of a woman who is under fear or misconception would amount to rape, the Allahabad High Court has ruled.

Justice Anis Kumar Gupta dismissed a petition filed by Raghav Kumar, challenging the criminal proceedings going on against him in a case of rape on the pretext of marriage.

In the petition filed before the court, the accused had prayed to quash the charge sheet filed against him in December 2018 in a complaint lodged under Section 376 (rape) of the IPC at a police station in the Agra district.

On the said charge sheet, criminal proceedings started, which is pending before the court of Agra's district and sessions judge. It was alleged in the FIR that the applicant first established a physical relationship with the woman by rendering her unconscious. Thereafter, he allegedly continued to physically exploit her on the pretext of marriage.

The counsel for the petitioner submitted that the applicant and the woman were known to each other and both were preparing for civil services examination. They developed a consensual physical relationship which continued for a long period of time, the counsel added.

"Since it was a longstanding continuous consensual physical relationship between the parties, therefore, no offence whatsoever under section 376 (rape) of IPC can be said to have been made out against the applicant herein," the counsel said.

The state counsel opposed the petition, saying the inception of the relationship between the parties was based on "cheating" and it was a "forcible act" on the part of the applicant herein, for which no consent was there on the part of the opposite party.

After going through the arguments and evidences on record, the court in its decision dated September 10 said, "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 (rape) IPC is made out against the applicant.

"Though, the subsequent relationship, which appears to be a consensual relationship under the promise of marriage, however, such consent is also stated to be given by the opposite party woman initially under the threat perception created by the applicant herein. Therefore, this court does not find any good reason to quash the proceedings as requested by the applicant."