Nobody has a right to rape a woman even if she is habitual to sexual intercourse

Ashutosh Rajput | Hidayatullah National Law University | 28th May 2020

State Govt. NCT Delhi v. Pankaj Chaudhary & Ors. [Criminal Appeal No. 2299 of 2009]

Facts: 

The appellant was the neighbor of the respondents/accused wherein, the accused entered the appellant’s juggi and demanded bidi from her. She refused to give them bidi thereafter the respondent turned off the electricity and subsequently torn off the clothes of the appellant and committed rape on her. As soon as she raised alarm her mother came to her and the respondents fled from the spot. The appellant was taken to the hospital and immediately the FIR was registered by the police. Charges were framed against the accused under section 376(2) (g) of IPC and the trial court convicted the accused under the same section. Thereafter, the accused filed petition under section 391 of Crpc before the High Court and the High Court allowed the appeal by the accused. Hence, the appellant filed for the appeal before the Supreme Court. The accused contended that she was habitual to sexual intercourse.

Issue: 

Whether a man can rape a woman if such woman is habitual to sexual intercourse?

Judgment: 

It was rightly held by the trial court that even if the allegations of the accused that the appellant is of immoral character are taken to be correct, the same does not give any right to the accused person to commit the rape on her without her consent. The Supreme Court relied on the case of State of Maharashtra & Anr. v. Madhurkar Narayan Mardikar [(1991) 1 SCC 57] wherein, it was held that every woman is entitled to privacy and no person has a right to violate that. In State of Punjab v. Gurmeet Singh & Ors. [(1996)2 SCC 384] it was held that even if the appellant has promised to involve in sexual intercourse then she has a right to refuse to submit herself or else it will come under the purview of sexual assault. The High Court reversed the judgment of the trial court on the ground related to aspects of investigation by concluding that the police and the appellant has fabricated up a false case. Further, the Supreme Court observed that, the High Court erred in brushing aside the evidence of the appellant regarding FIR and report of the Joint Commissioner of Police. And it will not be sufficient that woman is habitual to sexual intercourse. Therfore, the Supreme Court allowed the appeal.