The single judge bench of the Jharkhand High Court held that sexual intercourse with a woman, “against her will” or “without her consent” is the essence of offence of rape. Mere act of submission does not amount to consent. It depends upon the circumstances of each case, whether the earliest consent by the victim was mere passive submission or willing consent.
Brief facts
The factual matrix of the case is that the appellant committed on the victim near her house in a bush and when she came back home and narrated the incident to her parents, the villagers and the parents of the victim confronted the appellant, and then, he promised to marry her. Thereafter, she started coming regularly to the house of the appellant and developed an intimate love relationship with him. In the meantime, she became pregnant. Furthermore, the marriage couldn’t be solemnized as the father and uncle of the appellant refused to do it. The appellant went along with the prosecutrix and the villagers for registration of the marriage to Pakur Court, but the marriage could not be contracted due to a dispute raised by the other party. The FIR was registered and the charge sheet was filed under Sections 376, 493, and 323 of the Indian Penal Code against the appellant. After that, the trial court acquitted the appellant for the offence under Sections 493 and 323 of the IPC and convicted him under Section 376 of the IPC.
Contentions of the Appellant
The Appellant submitted that all the independent witnesses didn’t support the case of the prosecution. It was furthermore submitted that the prosecution was major at the time of the incident. It was furthermore submitted that it was a case of consensual physical relationship and no FIR was lodged within the period of six months.
Observations of the court
The Hon’ble Court observed that the essence of the crime of rape is having sexual relations with a woman "against her will" or "without her consent." Consent isn't the same as merely an act of submission. Whether the victim gave their consent by merely passively submitting or voluntarily consenting depends on the specifics of each instance. As per Section 90 of the IPC, consent obtained via misrepresentation of facts is also not considered consent.
The court relied upon the judgment titled Dhruvaram Murlidhar Sonar v. State of Maharashtra, (2019) 18 SCC 191.
The court noted that the claim that rape was carried out on a false promise of marriage is unproven. The combined reading of the witness testimony indicates that the victim girl was asked to be married by the appellant on panchayat; however, this marriage did not take place because of opposition from others. The proposal to marry was a subsequent development and not one which was given to obtain the consent of the victim. The evidence consistently indicates that there was a consensual relationship leading to a pregnancy, which is when the case was lodged. The victim's assent was not acquired by coercion or deception.
Based on these considerations, the court prosecution has failed to prove the charge of rape against the Appellant and set aside the judgment of the trial court.
The decision of the court
With the above direction, the court allowed the appeal.
Case title: Mohidul Sk Vs The State of Jharkhand
Coram: Hon’ble Mr. Justice Gautam Kumar Choudhary
Case No.: Criminal Appeal (S.J.) No. 705 of 2012
Advocate for the Appellant: Ms. Jasvindar Mazumdar, Advocate
Advocate for the State: Mr. Pankaj Kumar Mishra, A.P.P.
Read Judgment @Latestlaws.com:
Picture Source :
