The Allahabad High Court recently stated that a sexually experienced married woman’s failure to resist during a physical relationship does not necessarily imply that the act was against her will.

This remark was made while granting bail to a man accused under sections 376 (rape), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code.

The case stemmed from a complaint filed by a 30-year-old widow, who accused her 20-year-old brother-in-law of engaging in sexual relations with her over two years under the promise of marriage. She claimed that she became pregnant, but the accused allegedly pressured her into having an abortion. When he later cut off contact and threatened her, she filed the complaint.

The court observed that the victim's claim of pregnancy lacked medical evidence, especially as she had refused an internal examination. The bench, led by Justice Sanjay Kumar Singh, also noted that the woman, a mother of three, was capable of understanding the moral consequences of her actions.

The court highlighted that an experienced adult's participation in a relationship without overt resistance suggests consent unless compelling evidence to the contrary is presented. Given the absence of corroborative evidence on the pregnancy and coercion allegations, doubts were raised about the victim's account.

The defense argued that the complaint was motivated by personal grievances after the accused rejected marriage. They further pointed out the age difference and suggested that the victim had maliciously sought to implicate the accused, emphasizing the lack of supporting factual evidence.

Considering these arguments, the high court concluded that the accused had made a prima facie case for bail. The court based its decision on the nature of the charges, the evidence presented, and the circumstances surrounding the allegations.

Additionally, the accused was directed to follow strict conditions, including avoiding witness interference, refraining from further criminal activity, and fully cooperating with the judicial process.