Recently the Allahabad High Court has held that sexual relations, even if initially consented to, can amount to rape if they are preceded by coercion or deception. Justice Anis Kumar Gupta denied the petition by Raghav Kumar, who sought to dismiss the rape charges against him.
Kumar challenged the charge sheet filed in December 2018, which led to criminal proceedings under Section 376 of the IPC. the charge sheet, currently pending before the Agra district and sessions judge, alleges that Kumar established a physical relationship with the woman by rendering her unconscious and then exploited her under the pretext of marriage.
Kumar’s counsel argued that the relationship was consensual and long-term, claiming that no offense under Section 376 IPC occurred. The counsel highlighted that both parties were civil services aspirants who shared a consensual physical relationship.
Conversely, the state counsel argued that the relationship began with deceit and coercion, invalidity the woman’s initial consent. The court’s decision, rendered on September 10, concluded that the initial coercion constituted an offence under section 376 IPC. while subsequent interactions might have been consensual, the court founded that the intial coercion tainted the consent. Consequently, the court ruled that there were no grounds to quash the ongoing proceedings.
Source PTI