F.I.R. OF RAPE AFTER CONSENSUAL SEX

 PRATHA BAKSHI

INTERN AT ubAdvocate

Email- rashisinghbakshi@gmail.com

Contact number – 8253040077

TASK 2 

F.I.R. OF RAPE AFTER CONSENSUAL SEX 

FACTS- 

• Ram Bahadur is a college boy preparing for UPSC  

• Usha is a medical student

• They both were in love and used to visit each other

• During one year Both established physical relationship several times 

• After becoming IAS Ram Bahadur refused to marry Usha due to caste issues 

• Usha filled a rape case against Ram Bahadur

ISSUES-

Under this circumstances how can Ram Bahadur get out of this legal problem  ?

ANSWER-

In this case both were in a relationship since 1 year this case will come under the case of consensual sex because Usha was a matured girl  , a medical student  knowing all the consequences of what they both were doing. She was knowing very well that Ram Bahadur is of different caste and in future problem may arise because both were having different castes but then also Usha continued to stay in relation several times. So Ram Bahadur was not having fault and not liable for rape case 

A Delhi commission of women report shows that 53.3% of the rape cases filled between April 2013 and July 2014 were founded ‘False’.

There is a clear distinction between rape and consensual sex is established with consent of two adults, it is not rape but consensual sex.

Conditions to be fulfilled for a valid consent of a women-

• She must be in her sense 

• She should be capable of consenting 

• Consent is not obtained by deceit or putting her in fear 

• It should not be against her will i.e. in spite of her opposing 

How to prove consent-

• Need not to be in writing 

• Consent can be implied 

By way of interference based on probabilities on the given various facts and circumstances of the cases to show

• That her consent was voluntary

• That her consent for sex was after due exercise of her intelligence

• That she understands the significance of such act

• That she knew the consequences of such consent 

• Despite having clean choice of resistance and assent she choose the later

This question is similar to Uday Vs State Of   Karnataka in this case also a girl filled a rape case against the boy Uday they both were in love and established physical relationship several times but later on Uday refused to marry due to family issues because they both were from different caste there was no fault of Uday and court don’t find him accused. 

Shiva Vs State Of Karnataka (2018) in this case they both were in relationship since 8 years and when boy refused to marry her due to caste issues.

Supreme court held that the consent cannot be said to be given under a misconception of fact.

• A promise to marry on a later date , cannot be said to be given under a misconception of fact

• The tests laid down by the courts is what best guides to the judicial mind while considering a question of consent

• The court must in each case , consider the evidences before it and the surrounding circumstances , before reaching a conclusion 

• Each case has its own peculiar facts which may have a bearing on the question whether the consent was voluntary, or was given under a misconception of fact.

• Weight the evidences as the burden is on the prosecution to prove each and every ingredient of the offences , absence of consent being one of them

Legal Remedy-

Section 482 in The Code Of Criminal Procedure  , 1973

Section 482 , saving of inherent powers of High Court .Nothing in this code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. 

Supreme Court case law- 1

On point FIR can be quashed even at every initial stage 

State Of Haryana and Ors. Vs Bhajan Lal and Ors. 

In this case , supreme court has approved seven categories of cases where power can be exercised under Section 482 of Cr.P.C to quash the FIR.

CONCLUSION-

So Ram Bahadur will not be found guilty because this case will come under the case of consensual sex because Usha was a matured girl ,a medical student  knowing all the consequences of what they both were doing. She was knowing very well that Ram Bahadur is of different caste and in future problem may arise because both were having different castes but then also Usha continued to stay in relation several times. So Ram Bahadur was not having fault and not liable for rape case.

 

THIS OPINION IS BASED ON THE YOUTUBE VIDEO https://youtu.be/40i7_GsQL8k  OF JEEVAN PRAKASH, AOR, SUPREAM COURT.