SC Very Rightly Quashes Rape Case Against Accused On Ground Of Consensual
π§ββοΈ Key Legal Principle:
Sexual intercourse without consent is rape; if consent is established beyond doubt, the charge of rape must be quashed.
βοΈ Important Supreme Court Case:
State of Punjab v. Gurmit Singh and Ors., (1996) 2 SCC 384
π§Ύ Facts:
Accused were convicted for rape.
On appeal, the Supreme Court examined whether the sexual act was consensual or forced.
The accused claimed the relationship was consensual; the victimβs statements were contradictory.
π§ Supreme Courtβs Observations:
The Court held that the crucial question is whether the prosecutrix gave consent.
Consent must be unequivocal and voluntary, free from coercion or intimidation.
In the absence of convincing evidence of force or lack of consent, the Court cannot sustain a conviction for rape.
If there is evidence of a consensual relationship, the charge of rape cannot be maintained.
π¨ββοΈ Judgment Extract:
"The Court has repeatedly held that when a girl or woman consents to sexual intercourse, the offence of rape cannot be said to have been committed. Mere allegation of lack of consent without credible proof is not enough."
π Supporting Cases:
Dalbir Singh v. State of Punjab, (1993) 2 SCC 410
The Supreme Court quashed a rape conviction where the evidence suggested consensual intercourse.
Anjani Kumar v. State of Bihar, (1982) 3 SCC 598
Consent negates the offence of rape; sexual act without consent only constitutes rape.
Ramkishan v. State of Rajasthan, AIR 1952 SC 162
Emphasized that consent is a key element in establishing the offence of rape.
π΄ Key Takeaways:
The onus lies on the prosecution to prove absence of consent beyond reasonable doubt.
If consent is established, the act does not amount to rape, no matter how the relationship ends later.
Courts are cautious about misuse of rape laws in cases where the relationship was consensual but later went sour.
Quashing of rape cases on ground of consensual sexual intercourse preserves the sanctity of justice and protects the innocent from wrongful prosecution.
π Summary:
| Aspect | Explanation |
|---|---|
| Definition of Rape | Sexual intercourse without consent. |
| Role of Consent | If consent is voluntary and genuine, no rape offence. |
| Burden of Proof | Prosecution must prove absence of consent beyond reasonable doubt. |
| Effect of Consensual Sex | Rape charge must be quashed if sex was consensual. |
Conclusion:
The Supreme Court has very rightly quashed rape cases against accused persons where evidence clearly shows that the sexual act was consensual. This stance upholds fundamental fairness, prevents the criminal justice system from being misused, and respects the individual autonomy of adults in consensual relationships.
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