Victim’s silence on rape no proof of consent: HC

NEW DELHI : The silence of a rape victim cannot be taken as proof of consent for sexual relations, the Delhi High Court observed while upholding a man’s 10-year term for raping a pregnant woman.

Justice Sangita Dhingra Sehgal made the observation while rejecting a rape convict’s defence that the victim’s silence about the incident proved consensual sexual relations. “The defence taken by the accused that the prosecutrix (victim) had consensual sexual relations with him which is pointed out from her silence about the incident, holds no ground, as mere silence cannot be taken as proof of consensual sexual relations as she has also stated that she was being threatened,” the court said.

“Thus, any act of sexual intercourse in the absence of consent would amount to an act of rape,” the high court said while upholding a trial court’s 2015 decision to convict and sentence to 10-year imprisonment one Munna for repeatedly raping the 19-yearold. The HC also backed the trial court acquitting Munna of kidnapping, due to inconsistencies in the victim’s statements.

It also agreed with the subordinate court’s decision to acquit him and and co-accused Suman Kumar of the charge of trying to sell the woman into prostitution.

The court was hearing Munna’s appeal against his conviction and sentence, as well as the plea of the police challenging the trial court’s decision to acquit the two of other offences.

According to the woman, she had come to Delhi from Uttar Pradesh in December 2010 and met Munna and Kumar who had lured her with the promise of work. She said that Munna took her to Panipat where she was confined to a flat for two months and repeatedly raped. She had also alleged that he had threatened to kill her if she tried to escape.

Later, Munna took her to a flat in Noida, rented by Kumar, and from there to another flat in Shastri Park in Delhi, she had alleged.

She had also told the police that when Kumar got to know that Munna raped her in his absence, the two men had fought and the former had called the cops.