Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

The Allahabad High Court ruled that a married woman’s physical resistance during sexual relations does not automatically imply that the act was against her will. The case revolved around a claim of sexual assault within marriage. The Court ruled that the presence of resistance alone was not sufficient evidence of non-consent. It emphasized the need for clear and convincing evidence to establish the allegations of sexual assault. This decision is significant in terms of understanding marital rape laws, as the Court clarified that sexual relations within marriage require consent, but resistance by itself is not conclusive evidence of assault.