Sexual intercourse, which is forceful and not forcible does not amount to rape – Delhi High Court

The Delhi High Court has held that sexual intercourse, which is forceful and not forcible, is not rape. The Court also held that the death of the woman subsequent to such a sexual intercourse will not amount to murder. Unfortunately, the judgment made a reference to the fact that the woman was beyond the age of menopause, a reference that led to the publication of a number of misleading headlines..This decision has been rendered by a Division Bench of Justices Mukta Gupta and Justice Pradeep Nadrajog which, thereby, acquitted the accused of the offences of murder and rape..The accused Achey Lal had come to the house of the deceased, who was above the age of 65, with a bottle of liquor. After the husband of the deceased left the house, Achey Lal had stayed back. The case of the prosecution was that he had, then, raped and murdered the deceased..The Court, in its six page judgment, chose to set aside the decision of the lower court and acquitted the accused of both the offences..With respect to the charge of rape on the accused, the Court has sought to distinguish between “forceful” sexual intercourse and “forcible” sexual intercourse and has held the following:.“As regards the offence punishable under Section 376 IPC the deceased was aged around 65-70 years, thus beyond the age of menopause. We find force in the contention of the learned counsel for the appellant that even if the sexual intercourse was forceful it was not forcible and contrary to the wishes and consent of the deceased…. The forceful penetration is evident from the injuries in the vaginal orifices. However, besides the injuries on the vagina there is no other injury mark on the body of the deceased or on the appellant to show that there was any protest by the deceased. Hence we are of the opinion that it has not been proved beyond reasonable doubt that the appellant committed sexual intercourse with the deceased contrary to her wishes or her consent. Consequently the appellant is also acquitted of the charges under Section 376 IPC.”.Regarding the charge of murder, the Court acquitted the accused on the ground that he “neither had any intention nor knowledge that such a forceful act of sexual intercourse would cause the death of the deceased.”.Advocates Vivek Sood, Vandana Bhatnagar, Jhanvi Mahan, Jaideep Tandon and Prem Prakash appeared for the accused while Additional Public Prosecutor Aashaa Tiwari represented the State government..Read the full judgment below.