Absence of physical resistance on the part of a rape survivor does not mean that she agreed to the act - Patna HC

Case: Islam Mian @Md Islam vs the State of Bihar

Court: Justice AM Badar of the Patna High Court

Recently, the Patna High Court held that the absence of physical resistance on the part of a rape survivor does not mean that she agreed to the act. Justice Badar noted that Section 375 of the Indian Penal Code (IPC) clarifies that consent must be in the mode of an unequivocal voluntary agreement showing a willingness to partake in the sexual act.

The HC was hearing an appeal against an order passed by a sessions court on March 9, 2017, convicting the appellant under charges of Sections 376 (rape) and other relevant offences of the Indian Penal Code (IPC). He was also convicted under relevant provisions of the SC/ST (Prevention of Atrocities) Act.

The sessions court sentenced the applicant to 10 years of rigorous imprisonment.

BACKGROUND

The survivor worked as a laborer in the brick kiln of the appellant. After finishing her work on April 9, 2015, she asked for her wages from the appellant, but he refused to give them, saying they would be given later.

On the same night, while the survivor was at her house, the appellant barged in and raped her. The villages nabbed and tied the convict to a tree after hearing the cry for help from the survivor. Subsequently, a First Information Report (FIR) was lodged.

HELD

The bench while scrutinizing the material on record upheld the appellant's conviction.