HomeRao Harnarain Singh v. State AIR 1958 P & H 123

Facts

The husband of the deceased was serving under the three accused men who were in positions of power. Rao Harnarain Singh ordered the husband to send his wife to them to satisfy their sexual desires. The husband opposed doing this but due to pressure, asked his wife to do the same. The wife was not willing to do this but she gave in due to compulsion. The three men are accused of raping and murdering the wife.

Issue

Whether submission due to pressure can be considered as consent?

Rule

Section 376 IPC, Section 302 IPC, Section 498 CRPC

Analysis

The Court observed that submission is not consent. When a person agrees to something due to certain pressures or fear, the act of agreeing is not free and willful. The Court points out that a person who submits does not consent, even though a person who consents can submit. The Court points put that the participation of the woman has to be voluntarily and free from any pressures.

Conclusion

Bail was not given as Harnairain Singh was a powerful person who had the capacity to influence witnesses in his favour.

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