'Clear Case Of Consent': Gujarat High Court Upholds Rape Acquittal, Says Victim 'Remained Silent' Until Advanced Stage Of Pregnancy

The Gujarat High Court upheld the acquittal of a man accused of rape wherein the victim became pregnant, observing that the victim who was 18-years-old at the time had remained "silent" about the alleged offence until "advanced stage of pregnancy" and never informed her family members, which depicted a "clear case of consent". The court further said that there was no medical evidence to prove the sexual intercourse was forcible or without her consent, and the repeated incidents of their sexual relations over a period of time indicates a consensual relationship. A Division Bench of Justice Cheekati M. Roy and Justice D.M. Vyas in their order held:“…Thus, the conduct of PW-8 in remaining silent throughout for a considerable period of time till she became pregnant and till she reached the advanced stage of pregnancy clearly proves that it is a clear case of consent and not at all a case of rape or having any forcible sexual intercourse on her without her consent. As admittedly she is a major girl aged about 18 years and as it is a case of consent where she indulged in consensual sexual intercourse willingly with her own consent with the accused, no offence under Section 376 of the Indian Penal Code is made out from the facts and circumstances of the case. Therefore, no offence of criminal trespass of the house under Section 452 of the Indian Penal Code or criminal intimidation under Section 506(2) of the Indian Penal Code is also made out from the facts of the case. It is pertinent to note here that the doctor who examined her had clearly testified to that fact that she is habituated to sexual intercourse. So, it clearly proves that she has indulged in the act of promiscuity and it is not at all a case of rape punishable under Section 376 of the Indian Penal Code.”BackgroundThe appeal was filed challenging the judgement of the Sessions Court wherein the accused was acquitted of the charges. The victim who in 2010 was 18-years-old lodged a police complaint alleging the accused trespassed into her house when she was alone and raped her, threatened her with dire consequences if she discloses about the incident to anyone. She then claimed that the accused repeatedly visited her and continued to sexually assault her, leading to her pregnancy but she did not inform anyone about it until her 7th or 8th month of pregnancy. The victim then informed about it to her parents and filed a complaint. Based on her report, the police registered the case under Sections Sections 452 (House-trespass after preparation for hurt, assault or wrongful restraint), 376 (Punishment for rape), Section 506(2) (Criminal intimidation) of IPC and Section 135 (Penalty for disobeying lawful order) of the Gujarat Police Act. Upon the medical examination by the doctor, it was opined that she is habituated to sexual intercourse.The Trial Court framed charges against the accused which he denied, opting to face trial. During the course of trial, examination of the witnesses and evaluation of the oral and documentary evidence, the trial court in 2013 acquitted the accused of the charges and did no find him guilty. Further, the court also examined the statement of the accused under Section 313 of CrPC wherein, he stated that they were in love with each other, had consensual intercourse and produced their joint photographs in his support. Against acquittal the state had approached the high court. FindingsThe Court observed that the victim – aged 18 years-old initially claimed the accused trespassed into her house and forcibly rape her while she was alone, however, it noted, “there is absolutely no medical evidence on record to prove that any forcible sexual intercourse was performed on her by the accused against her consent” and relevant to note that “even according to her own version, there are repeated incidents of both of them involving in sexual intercourse spreading over for a period of time”.Further, the Court noted at no point did she inform her family about the alleged rape or threats and even after becoming pregnant, she remained silent until she reached advanced stage of pregnancy when she was admitted to a hospital, she then revealed about the accused. Furthermore, it noted that the victim was already married to some other person at the time of trial and was leading her marital life with him.The Court finally observed, “Therefore, considering the evidence on record and the facts and circumstances of the case and said subsequent events and on appreciation of the same, the trial court has rightly recorded a finding that the accused is not found guilty for the said charges levelled against him and accordingly acquitted him. After considering the said evidence on record, we are also of the considered view that no case of Section 376 of the Indian Penal Code or Sections 452 and 506(2) of the Indian Penal Code or under Section 135 of the Gujarat Police Act is made out from the facts and circumstances of the case. So, the impugned judgment...

'Clear Case Of Consent': Gujarat High Court Upholds Rape Acquittal, Says Victim 'Remained Silent' Until Advanced Stage Of Pregnancy

Lovina B Thakkar

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