The Allahabad High Court recently declined to quash proceedings in a rape case, noting that while the relationship between the victim & the accused seemed consensual, it had initially begun under a threat imposed by the accused.
The bench of Justice Anish Kumar Gupta observed that although the accused & the victim were friends, but the latter never agreed to any relationship beyond friendship & had initially rejected the accused’s marriage proposal. Despite this, they remained in contact.
The Court highlighted that according to the FIR & the victim’s statements under Sections 161 & 164 of the CrPC, the accused allegedly lured her to his house on the pretext of his mother’s illness. There, he served her tea laced with intoxicants, causing her to lose consciousness, after which he sexually assaulted her & took nude photos. He then used the photos to blackmail her into a relationship.
Court noted that there was no consent for the initial incident, establishing a prima facie case of rape against the accused.
Moreover, the court stressed that although the subsequent relationship appeared consensual, it was established under the promise of marriage & initially under the threat created by the accused.
Given these circumstances, the court found no justification to quash the case.
Court was dealing with an application filed under Section 482 CrPC by one Raghav Kumar. He sought direction to quash the charge sheet filed in a case registered against him under Sections 504, 506, & 376 of the Indian Penal Code.
The victim had lodged an FIR in November 2018, involving serious allegations against Kumar. She accused Kumar of sexually assaulting her after lacing her tea with intoxicants at his residence. The incident allegedly occurred in October 2017.
The victim alleged that she had initially rejected a marriage proposal from Kumar in 2016. Despite this, they remained in contact, & Kumar later coerced her into a sexual relationship, using the threat of releasing the explicit photographs.
According to the FIR & the victim’s statements, she continued the relationship under duress, fearing for her reputation & safety. Kumar had also promised to marry her, which further influenced her decision to remain in the relationship.
On the other hand, the accused submitted the relationship was consensual & had continued for over a year, with both parties being educated adults.
Court rejected this argument, stating that the relationship’s foundation was built on threats, coercion, & exploitation, which undermined any claim of genuine consent.
Accordingly, in its conclusion, court held that a prima facie case of rape under Section 376 of the IPC was made out against Kumar. It dismissed the plea to quash the chargesheet, allowing the trial to proceed.