Silence Till Reaching Advanced Stage Of Pregnancy Proves Consent: Gujarat High Court Upholds Acquittal Of Man In Rape Case

The Gujarat High Court has confirmed the acquital of a man in rape case, holding that the victim remained silent till she reached the advanced stage of pregnancy, which clearly proved that it was a case of consensual relationship.

The Court was considering an Appeal whereby the sole accused in the case was acquitted of the charges under Sections 452, 376 and 506(2) of the Indian Penal Code as well as Section 135 of the Gujarat Police Act.

The Division Bench of Justice Cheekati Manavendranath Roy and Justice D. M. Vyas observed, "......considering the evidence on record and the facts and circumstances of the case and said subsequent events and on appreciation of the same, the trial court has rightly recorded a finding that the accused is not found guilty for the said charges levelled against him and accordingly acquitted him. After considering the said evidence on record, we are also of the considered view that no case of Section 376 of the Indian Penal Code or Sections 452 and 506(2) of the Indian Penal Code or under Section Section 135 of the Gujarat Police Act is made out from the facts and circumstances of the case....".

The Appellant was represented by Additional Public Prosecutor Krina Calla.

Facts of the Case

It was the case of the Victim that the Accused was the resident of the same street where she was residing and that prior to lodging of the report, one day when she was alone in her house, the accused trespassed into their house and forcibly committed rape on the Victim and threatened her with dire consequences if she discloses about said incident to anyone. She further submitted that thereafter also, the accused repeatedly used to visit her house when she was alone in the house and commit rape on her and consequently she became pregnant. But she did not inform anyone about the incident or about her pregnancy till she became 7th or 8th month pregnant. When she lodged the Complaint, the Police registered a crime against the Accused for the offences punishable under Sections 452, 376 and 506(2) of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

Later, the Trial Court, after considering the oral and documentary evidence on record, acquitted the accused of the said charges as it did not find him guilty of the stated offences. In Section 313 examination of the Criminal Procedure Code, the accused has come up with a version that both he and the victim were in love with each other and they had consensual sexual intercourse with each other, and he has also produced their joint photographs in support of his defence version.

Reasoning By Court

The Court at the outset noted that though it is stated by her at the first instance that while she was alone in the house that the accused has trespassed into her house and had forcible sexual intercourse with her, there is absolutely no medical evidence on record to prove that any forcible sexual intercourse was performed on her by the accused against her consent.

".....even according to her own version, there are repeated incidents of both of them involving in sexual intercourse spreading over for a period of time. Either at the first instance or at any subsequent instances, she never informed either to her parents or to her elder brother or elder sister or any of her family members that the accused trespassed into her house while she was alone and raped her and threatened her with dire consequences and thereafter he had repeatedly committed rape on her. Even after she become pregnant also, she did not disclose about the incident to any of her family members. After she reached to the advanced stage of pregnancy she was admitted in the hospital and at that time it was informed that she became pregnant through the accused," the Court observed.

It thus stressed that her conduct in remaining silent throughout for a considerable period of time till she became pregnant and till she reached the advanced stage of pregnancy clearly proves that it is a clear case of consent and not at all a case of rape or having any forcible sexual intercourse on her without her consent.

"....As admittedly she is a major girl aged about 18 years and as it is a case of consent where she indulged in consensual sexual intercourse willingly with her own consent with the accused, no offence under Section 376 of the Indian Penal Code is made out from the facts and circumstances of the case. Therefore, no offence of criminal trespass of the house under Section 452 of the Indian Penal Code or criminal intimidation under Section 506(2) of the Indian Penal Code is also made out from the facts of the case. It is pertinent to note here that the doctor who examined her had clearly testified to that fact that she is habituated to sexual intercourse. So, it clearly proves that she has indulged in the act of promiscuity and it is not at all a case of rape punishable under Section 376 of the Indian Penal Code," the Court observed.

The Appeal was accordingly dismissed.

Cause Title: State Of Gujarat vs. Anilbhai Babubhai Dudhat

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