New Delhi: The silence of a rape victim cannot be taken as proof of consensual sexual relations, the Delhi high court observed, while upholding a man’s 10-year jail term for raping a pregnant woman.
Justice S.D. Sehgal stated this, while rejecting a rape convict’s defence that the victim’s silence about the incident proved consensual sexual relations.
“The defence taken by the accused that the prosecutrix had consensual sexual relations with him holds no ground, as mere silence can’t be taken as proof of consensual sexual relations as she has stated she was being threatened by the accused.
“Thus, any act of sexual intercourse in the absence of mutual consent would amount to an act of rape,” the court said, while upholding a trial court’s decision in 2015 to convict and sentence one Munna to 10-year imprisonment for repeatedly raping a 19-year-old pregnant woman.
The high court also upheld the trial court’s decision to acquit Mr Munna of the offence of kidnapping, saying there were inconsistencies in the the victim’s statements regarding how she had reached Delhi.
It also agreed with the trial court’s decision to acquit him and co-accused Suman Kumar of the charge of trying to sell the woman into prostitution as alleged by her. The high court was hearing Mr Munna’s plea against his conviction and the police’s appeal challenging the trial court’s decision to acquit the two of the other offences.
The victim said she came to Delhi from UP in December 2010. Mr Munna and Mr Kumar, who promised her work. She said that Mr Munna allegedly took her to Panipat in Haryana where she was confined in a flat for two months and was repeatedly raped by him.
