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Court opined that the accused's plea to quash the rape case, lodged by his live-in partner against him, prima facie required consideration
The Allahabad High Court recently agreed to hear a plea filed by a rape accused to quash the case against him. The man was facing allegations of rape from his partner with whom he had been in a live-in relationship.
The bench of Justice Sanjay Kumar Singh observed that the alleged victim was a 40-year-old married woman who, without taking divorce from her husband, had been living with the accused of her own will.
"This court is of the view 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," opined the court.
The man was facing prosecution under Sections 376 & 506 of the Indian Penal Code. The case against the man was that the alleged victim got married in 2001 and out of that wedlock she had two children who were presently 18 years and 16 years old.
Since, there was acrimonious relation between the alleged victim and her husband, the accused taking the benefit of this situation, coaxed her into a live-in relationship by assuring that he will solemnize marriage with her, claimed the prosecution.
Thereafter, the alleged victim stayed with the accused for five months. She claimed that during this period, on the pretext of marriage, the accused made physical relations with her.
In the case, the father and brother of the main accused were also implicated under Sections 504 and 506 of IPC. The alleged victim claimed that they had assured her that they will get her married to the accused.
In his plea filed under Section 482 CrPC to quash the chargesheet and the entire proceeding in the rape case, the man argued that the alleged victim was matured enough to understand the significance and morality of the act for which she was consenting with him.
She had not given consent under any misconception of the facts, hence, her consent for making physical relation with the accused was valid consent, the counsel for the accused contended.
Taking note of the facts of the case, court held that prima facie the matter was worth consideration. Accordingly, the single judge bench directed the respondent parties to file counter affidavits.
Moreover, as an interim relief, until further order, court stayed further proceedings against the accused.
Case Title: Rakesh Yadav And 2 Others v. State of U.P. and Another
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