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Consent under threat not valid, rules High Court

The High Court has ruled that coercing a woman into a physical relationship by threatening to make her nude photographs viral does not amount to consent, but constitutes rape
Published By : Bratati Baral | April 30, 2026 9:31 AM
Consent under threat not valid, rules High Court

Cuttack, April 10: The High Court has ruled that coercing a woman into a physical relationship by threatening to make her nude photographs viral does not amount to consent, but constitutes rape. Upholding this principle, Justice S. K. Panigrahi dismissed the appeal of convict Shankar Behera and affirmed the 10-year prison sentence awarded by the trial court.

As per case records, an FIR was registered at Ganjam police station on June 7, 2015. The complaint stated that around two-and-a-half years prior, the accused had allegedly raped the victim in a cashew orchard and taken her nude photographs. Subsequently, a village committee had urged the accused to marry the victim, but he refused.

Following investigation, police arrested the accused, and the Berhampur POCSO Court sentenced him to 10 years of imprisonment. Challenging the verdict, the convict moved the High Court, arguing that the relationship was consensual and therefore did not constitute rape.

Rejecting this contention, the High Court observed that consent obtained under threat cannot be treated as valid consent and upheld the lower court’s conviction and sentence.