Sexual Relationship Under Fear or Misconception Constitutes Rape: Allahabad High Court

The court reaffirmed that consent acquired through coercion or false pretenses holds no legal ground in cases of sexual assault.

In a landmark judgment, the Allahabad High Court ruled that a sexual relationship, even with a woman’s consent, qualifies as rape if such consent was given under fear or misconception. The court made this ruling while hearing a plea by Raghav Kumar, who sought to quash criminal proceedings in a rape case under Section 376 of the Indian Penal Code (IPC).

Justice Anis Kumar Gupta dismissed Kumar’s petition, which challenged the charge sheet filed against him in December 2018 based on a woman’s complaint. The complainant alleged that Kumar had rendered her unconscious to establish a physical relationship and later coerced her under the pretext of marriage.

Kumar’s defense argued that both parties were in a consensual relationship while preparing for the civil services examination. His counsel insisted that no rape had occurred, as the relationship was voluntary over a long period.

However, the court held that since the initial relationship was based on deception and threats, any subsequent consent was tainted and therefore invalid. The court stated that “prima facie an offence under Section 376 IPC is made out” and rejected Kumar’s plea, emphasizing that consent obtained through manipulation or coercion does not absolve the accused from the charge of rape.

This ruling further solidifies the judicial position that consent derived from fear or false pretenses cannot be recognized as genuine, reinforcing protection for victims in similar circumstances

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