Consent is not willingness, says Allahabad HC as it denies bail to man accused of raping minor

New Delhi: Allahabad High Court recently observed that the offence of rape is made out even if there was consent on the part of the victim, however, willingness was absent.

The High Court was dealing with the bail plea of a man who has been booked under sections 376D of IPC and 5/6 of the Protection of Children from Sexual Offences Act, 2012 for allegedly raping a 17-year-old girl.

According to sources, the victim was in touch with the applicant through phone chatting. On 17 January 2020, the victim was enticed away by the accused on the pretext of giving her some gifts on the promise that they shall return within a period of one hour.

The accused took the victim to a room and raped her and thereafter, the co-accused, Jaiveer Chauhan and Kovind Chauhan and another unknown person also committed rape with her and later on, threatened her to kill her father and brother if she ever revealed their identity to anyone.

The victim contacted her father and also called the police whereupon the police retrieved her and registered a case against the accused.

Meanwhile, the court noted the conversations between the applicant and the victim indicated proximity between the two, however, the final report had been filed owing to the age of the victim falling below 18 years, the legal age of the consent.

The Court further observed that the age of the victim is just above 17 years, thus, the consent, if any, pales into insignificance.

In addition to it, the Court further said that even if consent is presumed, willingness was absent as indicated by the medical examination report of the victim.

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