CASE LAWS (RAPE; “AGAINST HER WILL”)

 State of Uttar Pradesh v. ChhoteyLal

The victim “V” was abducted (on gun-point) by accused “A1”,
accused “A2” and accused “A3”. She was kept at a village away
from her home for a few days before they took her to another place
(which was rented) away from that village. Here “V” was raped by
“A1”. This case falls under the category of rape “against her will”
because from the very beginning of the scenario, the victim’s
ability to provide consent was taken away as she was abducted.
Secondly, she was kept at a place which she was not familiar with,
hence restricting her movement to “save herself”.

KINDLY REFER TO THE ENTIRE CASE ON;

https://indiankanoon.org/doc/1408786/

 State of Punjab v. Gurmit Singh

A young girl below the age of 16 years was abducted from her
school by the three accused in a car, and she was threatened with
death if she raised an alarm. Despite her refusal she was made to
drink liquor. Then she was raped by each one of them in turn under
the threat of being killed if she persisted in raising an alarm. Due to
the threat she kept quite. After repeatedly committing sexual
assault on her, they left her the next morning near the place from
where she had been abducted. Surprisingly, the additional judge,
Ludhiana acquitted all the accused on both counts of abduction and
rape disbelieving the version of prosecutrix regarding rape and
because of delay in FIR. Allowing the State appeal, and holding
the accused persons liable for rape since at no point of time the
prosecutrix willingly cooperated with the act, the Apex Court held
that the sexual intercourse was against her will for which the
accused are liable for committing rape under section 376, IPC.

KINDLY REFER TO THE ENTIRE CASE ON;

https://indiankanoon.org/doc/1046545/