No conviction for offence of rape is possible when victim herself is consenting party

In this case, victim aged about 21 years claimed that accused has committed rape on her during night time, when she was sleeping by keeping door of her room open.

The Court found it evident from statement of victim’s conduct and her late reaction in raising shout probably on the arrival of her sister-in-law that she was a consenting party. Only after being caught red handed with man in a compromising position inside her bed room in night by Sister-in-law, she tried to put the entire blame upon man as perpetrator of crime, in order to save her own skin among her family members as well as in her society. The conduct of girl throughout was more of a consenting party.

'Consent' is stated to be an act of reason coupled with deliberation. It denotes an active will in mind of a person to permit doing of act complained of. If victim fails to offer sufficient resistance, Court may find that there was no force or threat of force or act was not against her will. 'Consent' does not mean submission under influence of fear or terror. There must be an exercise of intelligence based on knowledge of its significance and moral quality and there must be choice between resistance and assent. If woman resists to a point whereafter further resistance would be useless or until her resistance is overcome by force or violence, submission thereafter is not consent. Verbal resistance apart, the woman can give effective obstacles by means of hands, limbs and pelvic muscles. Resistance by any or more of these will amount to resistance in eyes of law. A mere act of helpless resignation in face inevitable compulsion, acquiescence, non-resistance or passive giving in, when volitional faculty is either clouded by fear or vitiated by duress, cannot be deemed to be a consent, as envisaged in law.

The High court safely concluded that victim was found to be a consenting party and therefore, accused was acquitted of all charges levelled against him.

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