In a significant ruling, the Allahabad High Court declared that sexual relations, even with a woman’s consent, would amount to rape if obtained under fear or misconception. The court dismissed a petition filed by Raghav Kumar, who sought to quash the criminal proceedings against him for alleged rape under Section 376 of the Indian Penal Code (IPC).

The case, pending in Agra’s district and sessions court, involved accusations against Kumar of exploiting a woman physically on the pretext of marriage. According to the First Information Report (FIR), Kumar initially rendered the woman unconscious to establish a physical relationship. He allegedly continued to exploit her sexually, promising marriage.

The petitioner’s counsel argued that the relationship was consensual, stating that both parties were preparing for civil services and had developed a longstanding consensual physical relationship. He contended that no offence under Section 376 could be made out in such a scenario.

However, the state counsel opposed the petition, asserting that the relationship had started under false pretenses, involving coercion and threats, which invalidated the woman’s consent.

Justice Anis Kumar Gupta, in his ruling, concluded that the initial relationship was based on cheating and coercion, and thus prima facie, an offence under Section 376 of the IPC was established. The court further noted that even though the subsequent relationship appeared consensual, the woman’s consent was obtained under duress.

The court stated, “Since the initial relationship was established by the applicant with an element of cheating, threat, etc., against the will of the woman, an offence under Section 376 IPC is made out. Therefore, this court does not find any good reason to quash the proceedings as requested by the applicant.”