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Non-Resistance At The Time Of Sexual Assault From First Time By Accused Amounts To Victim’s Pre-Consent: Madras HC.

Non-Resistance At The Time Of Sexual Assault From First Time By Accused Amounts To Victim’s Pre-Consent: Madras HC.

By- Arshita Anand.

The Madras Court has recently observed that the non-raising the resistance by the Victim at the time of committing the sexual assault as from first time by the accused would amount to pre-consent of the Victim and therefore, the consent so given can’t be held as a misconception of fact.


The accused was convicted under Section 376 of IPC allegedly promising to marry the victim. However, he did not fulfill his promise.
Consequentially, in May 2009, the accused, allegedly, forcibly committed sexual assault on the prosecutrix and thereby the prosecutrix became pregnant, thereafter, in July 2009, when the prosecutrix requested the accused to marry her, he refused the proposal and asked her to abort the fetus.


The Court remarked:
The said circumstances reveals the fact that during the relevant point of time, the prosecutrix was also willing and the accused had also promised to marry her once after the completion of his brother’s marriage. Acting on such assurance, the prosecutrix started cohabiting with the accused and the same was continued for several months during which period the accused spent most of the evening hours with her. Eventually, when she conceived and insisted that the marriage should be performed as quickly as possible, the appellant suggested for abortion. Since the proposal was not accepted by the prosecutrix, the appellant disowned the promise and ultimately, the case has been registered.


The court also observed:
The non-raising the resistance at the time of committing the sexual assault as from first time by the accused, it amounts to pre-consent. Accordingly, the consent given by the victim girl, cannot be held as a misconception of fact
The accused was acquitted of all charges in this particular case.

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