The Orissa High Court recently acquitted a man accused of committing rape on his sister-in-law observing that she being a grown-up lady, having experience of sexual intercourse, failed to offer resistance to the alleged forceful act.

The victim lodged an FIR alleging that on 16.03.2014, while she was returning to her house through a jungle in the evening , the appellant met her and forced her for sexual intercourse.

As the victim did not return home even after the sunset, her husband went in search of her and found her in a compromising position with the appellant in the jungle. Seeing her husband, the victim kicked the appellant as a consequence of which he fled away from the spot.

Upon registering the FIR, the police investigated the matter and filed charge-sheet. The trial Court held the appellant guilty of the offence under section 376(2)(f) of the IPC. Being aggrieved by the said order of conviction and sentence, the appellant approached the High Court.

The Court noted that the doctor, who medically examined the victim a day after the occurrence, stated that there was no bodily injury present on the victim and there was no sign and symptom of recent sexual intercourse and there was no evidence of bleeding injuries.

The Court further underlined that the victim stated in her evidence that at the time of rape, her blouse got torn and bangles got broken but the seizure list of the wearing apparels of the victim does not indicate anything to that respect.

Further, the medical examination report of the victim indicated that the blood group of the victim was ‘O-ve’. Similarly, the medical examination report of the appellant revealed that the blood group of the appellant was ‘A+ve’.

Having regard for the medical examination report of the victim, the Court was of the view that she did not protest or resist to the act committed by the appellant.
While giving relief to the accused-appellant, the Single Judge Bench of Justice Sangam Kumar Sahoo said,

“If the victim, who is a grown up lady and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her single-handedly, the Court may find that there was no force or the said act was not against her will.”

Accordingly, the Court concluded that the alleged sexual intercourse happened with the consent of the victim and only because the said act was witnessed by her husband, she put the blame on the appellant to “save her own skin”.

Case Title: Sanu Munda v. State of Odisha

Case No: JCRLA No. 20 of 2021