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Not resisting rapist doesn’t mean survivor consented to the act: Patna High Court

By way of background, the survivor used to work in the brick klin of the appellant as a labourer. On April 9, 2015, after finishing her work, she asked for wages from the appellant but he refused to give the same saying it would be given later.

On that night, while the survivor was cooking in her house situated in a village in Jamui district, the appellant barged in, dragged her into a room and raped her.

However, due to her hue and cry, villagers nabbed the convict and tied him to a tree. Subsequently, a First Information Report (FIR) was lodged.

The bench, while scrutinising the material on record, noted that the victim’s testimony was reliable and was also corroborated by other witnesses.

The Court, therefore, upheld the appellant’s conviction under charges of rape and house trespass. It, however, noted that the material fell short to establish a case under Sections 323 (voluntarily causing hurt) and 506 (criminal intimidation) of IPC and offences under the SC/ST Act and therefore, acquitted him of those charges.

Source: Barandbench

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