Madhya Pradesh HC directs State Counsel to ascertain whether woman was consenting or not in rape video shot by her

In an alleged rape case, the Madhya Pradesh High Court at Gwalior Bench recently ordered the State Counsel to ascertain whether, in the video which was shot by the victim herself, she was consenting or reluctant as alleged by her.

The bench of Justice Atul Sreedharan passed the order in the plea moved by the accused.

The alleged victim, who was a married woman, had filed an FIR against the accused alleging that he committed rape upon her. In her statement recorded under Section 164 CrPC, the victim alleged that she had herself made a video of the purported rape by the accused on her.

Taking note of this fact, court requested the counsel for the State to call for the Investigation Officer in the case with the pen drive containing the said video and peruse the same in the Advocate General Officer without saving the file to their machine.

"Thereafter, return the pen-drive to IO and place a report before the court on whether the action of the prosecutrix reveals consent or resistance to the alleged act or whether she appears to be a consenting and cooperating partner in the act", Court ordered.

As per the prosecution case, the woman and her husband were involved in a land deal with the accused. A sale deal was done between the accused and the woman's husband for Rs. 9 lakhs.

However, when the woman's husband failed to get the promised land to the accused and also could not return the money, the accused started threatening the couple. Allegedly, the accused pressured the woman to establish physical relations with him.

The woman claimed that amid the threats, the accused raped her which she recorded. On the basis of the same, she registered an FIR against the accused.

Case Title: JITENDRA BAGHEL Vs THE STATE OF MADHYA PRADESH