In the instant case of Sanu Munda v State, the accused was alleged of raping his sister-in-law, the woman was married adult with prior sexual experience, did not resist the allegedly forceful act. As a married woman used to having sex, the woman may have opposed or protested the act if she was against it, according to Justice Sangam Kumar Sahoo.
The judgement stated that “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.”
According to the court, “if the act was performed against her will, there would have been some injuries to both her and the accused.”
The evidence on record indicated that the victim manipulated the circumstance as if the appellant was committing rape on her in order to save her own skin.
All the evidence available was insufficient to prove that the sexual intercourse was rape instead it was consented by both the parties. The Court finally decided to throw out the case against the accused and permit the appeal because it appeared that the lady did not object to or resist the accused’s claimed sexual advances.
The important thing to remember is that, any married women can show resistance specially when accused was all alone.
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This is written by Ms. Meera Benjarge , studying in 3rd semester of B.A.LL.B. from Manikchand Pahade Law College, Aurangabad .
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