CASE TITLE: Rakesh Yadav and 2 Others vs. State of U.P. and Another
DECIDED ON: 04.08.2023
CORAM: Hon’ble Sanjay Kumar Singh,J.
INTRODUCTION
The Allahabad High Court made a noteworthy observation that when a married woman with prior sexual experience doesn’t oppose a physical relationship, it cannot be concluded that her involvement with a man was non-consensual. Justice Sanjay Kumar Singh’s bench stated this while halting legal actions against an individual who was accused of raping a 40-year-old married woman. The Court pointed out that the purported victim, while still married and with two children, chose to enter a live-in arrangement with the first party involved (Rakesh Yadav) to pursue her goal of marrying him, without obtaining a divorce from her husband.
FACTS
In essence, the Court was addressing the request presented by three accused individuals aiming to dismiss the official accusation documented against them. Subsequently, charges were acknowledged against applicant no.1 under Sections 376 and 506 of the IPC, and against applicant nos. 2 and 3 under Sections 504 and 506 of the IPC by the Additional Civil Judge (Junior Division), New Court No.III/Judicial Magistrate, Jaunpur.
As per the version provided by the alleged victim, she entered into matrimony in 2001 with her spouse, resulting in the birth of two children from their union. Due to a strained relationship with her husband, Applicant No. 1, Rakesh Yadav, purportedly took advantage of the situation and lured her by promising to marry her. Consequently, she resided with him for a period of five months, during which he engaged in a physical relationship with her under the guise of marriage.
Furthermore, the accuser asserted that a co-accused, Rajesh Yadav (applicant no. 2), and Lal Bahadur (applicant no. 3), applicant no.1’s brother and father respectively, also assured her of her impending marriage to Rakesh Yadav. Upon her insistence, they obtained her signature on a plain stamp paper and falsely claimed that they had executed a notarized marriage, even though no such marriage had taken place.
Contrarily, the counsel representing the applicants contended that the alleged victim, a 40-year-old married woman and a mother of two children, possessed the maturity to comprehend the implications and ethical aspects of the actions for which she gave consent. Therefore, it was argued that this case did not involve rape but rather a consensual relationship between applicant no.1 and the complainant.
CASE ANALYSIS AND DECISION
Noting the need for thorough examination, the Court suspended any additional progress in the criminal case involving the applicants. Moreover, the Court provided the opposing parties with the freedom to submit a counter affidavit within a span of six weeks. The case has been scheduled for a hearing in approximately nine weeks’ time.
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Written by- Mansi Malpani
