Consent under fear or misconception constitutes rape, rules Allahabad HC

Prayagraj: In a significant ruling, the Allahabad High Court has determined that a sexual relationship, even with the apparent consent of a woman, can amount to rape if the woman is under fear or misconception. This decision came as Justice Anis Kumar Gupta dismissed a petition challenging ongoing criminal proceedings in a rape case.

The case involves Raghav Kumar, who sought to quash a chargesheet filed against him in December 2018 under Section 376 (rape) of the Indian Penal Code (IPC). The charges stem from a complaint lodged at a police station in Agra district.

According to the First Information Report (FIR), Kumar allegedly established a physical relationship with the woman by first rendering her unconscious. He then reportedly continued to exploit her sexually under the pretext of marriage.

Kumar’s counsel argued that the relationship was consensual and longstanding, with both parties known to each other as they prepared for civil services examinations. The defence contended that no offence under Section 376 of the IPC could be established given the nature of their relationship.

However, the state counsel opposed the petition, asserting that the relationship’s inception was based on “cheating” and involved a “forcible act” by Kumar, to which the woman had not consented.

After reviewing the arguments and evidence, Justice Gupta ruled on September 10 that the initial relationship was established through elements of cheating and threats, prima facie constituting an offence under Section 376 of the IPC. The court noted that while subsequent interactions appeared consensual under the promise of marriage, the woman’s consent was initially given under a “threat perception” created by Kumar.