Even if the rape victim does not protest, it cannot be considered consent: Patna High Court

Patna, Dt

The Patna High Court on Tuesday made important remarks in its verdict in a rape case, which could have far-reaching consequences. The Patna High Court said that even if a victim does not protest at the time of rape, it does not mean that she consented to have sex.

The incident took place in 2012, in which the victim was raped in a room. Islam Mian alias Mohd. Islam was challenged in the Patna High Court. However, dismissing Islam's plea, a single bench of Justice AM Badar said that not physically protesting at the time of rape could not be considered as consent for sexual activity as per the provisions of Section 4 of the IPC.

Islam Mian argued that the victim had no bodily injury and had not physically protested, so the relationship was formed with his consent. However, the lower court as well as the high court have rejected his argument.

The victim, Islam Minya, was accused of working in a brick kiln in Jamui. He had sought wages from owner Islam Minya on April 9, 2016. However, he spoke of paying wages later. While the victim was cooking at home at night, convicted Islam Minya forcibly broke into her house and dragged her to a room where she was raped. However, he had gathered the villagers rather than boomaboom.

He grabbed the guilty Islam Minya and tied him to a tree. An FIR was registered against him after that. The lower court convicted him and sentenced him to 10 years in prison. Islam Minya had filed an application in the High Court against the sentence.