close
This ad will auto close in 10 seconds

Even consensual sex under fear is rape: SC

The Supreme Court has ruled that a person cannot take the plea of consensual sex and he can be convicted for rape if the victim had consented to the act out of fear.



New Delhi: The Supreme Court has ruled
that a person cannot take the plea of consensual sex and he
can be convicted for rape if the victim had consented to the
act out of fear.

Moreover, the apex court said that seldom does a
victim or the family falsely implicate a person as the stigma
would only ruin their reputation and rejected the plea that
the complaint was lodged after four months.

"It can be held that a woman has given consent only if
she has freely agreed to submit herself, while in free and
unconstrained possession of her physical and moral power to
act in a manner she wanted.

Consent implies the exercise of a
free and untrammelled right to forbid or withhold what is being
consented to, it always is a voluntary and conscious
acceptance of what is proposed to be done by another and
concurred to by the former.

"An act of helplessness in the face of inevitable
compulsions is not consent in law. More so, it is not
necessary that there should be actual use of force. A threat
of use of force is sufficient," a bench of Justices P
Sathasivam and B S Chauhan said in a judgement.

The apex court delivered the verdict while dismissing
the appeal filed by the convict Satpal Singh claiming that the
victim had consented to the act and falsely implicated him. A
sessions court had sentenced Singh to 7 years imprisonment,
but the Punjab and Haryana High Court had reduced the sentence
to five years.

The apex court bench said that the delay in lodging
the FIR was on account of various reasons as the local
panchayat and other elders had tried their best to dissuade
the family from lodging a complaint as it would only affect
her marriage prospects.

"In a rape case, the prosecutrix remains worried about
her future. She remains in a traumatic state of mind. The
family of the victim generally shows reluctance to go to the
police station because of society`s attitude towards such a
woman. It casts doubts and shame upon her rather than comfort
and sympathise with her.

"Family remains concerned about its honour and
reputation of the prosecutrix. After only having a cool
thought it is possible for the family to lodge a complaint in
sexual offences," the court observed.

The apex court said that as honour of the family is
involved, its members have to decide whether to take the
matter to the court or not.

"In such a fact-situation, near relations of the
prosecutrix may take time as to what course of action should
be adopted. Thus, delay is bound to occur. This Court has
always taken judicial notice of the fact that ordinarily the
family of the victim would not intend to get a stigma attached
to the victim," the bench said.

-PTI

TAGS

From Zee News

0 Comment - Join the Discussions

trending

photo gallery

video

DNA EXCLUSIVES

Barcelona terror attacks: Weak Islamic State resorting to desperate measures?

Breaking the siege mentality

The threat of ‘odd hours’ looms large over Indian women

DNA Edit | In NIA Crosshairs: Love jihad and the terror trail

Blue Whale Challenge: Government has failed to rein in the online suicide game