Bhubaneswar. While hearing the case of rape, the Odisha High Court said that if the woman does not protest enough to have a physical relationship, then the court does not consider it as coercion. A woman can oppose forcible physical relations. In this case, the court released the accused and said that when there is no mark on the woman’s body, how can it be assumed that it was forced. The court said that if an adult woman does not oppose having physical relations, then it will be considered as her consent.
Justice Sangam Kumar Sahu said that if the woman did not protest enough, then the court does not consider it as coercion nor does it believe that it was done without her consent. The court said that in this whole case, it seems that the incident has been distorted. It has to be kept in mind that if the victim was not willing and did not have her will, then why did she not oppose the accused? The court said that if the accused had resisted, then there should have been some wound on the body of either of the two.
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No marks were found on both the bodies
In this case, the High Court said that no marks have been found on the bodies of both. If any mark or wound is found, then it proves that the physical relationship was made with force. In such a situation, the court believes that there was no protest from the woman’s side. Looking at the evidence and records, it appears that to save herself, the woman created a story and distorted the incident.
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Tags: High court, Odisha, Rape Case
FIRST PUBLISHED : Aug 03, 2023, 4:54 PM IST
