The Delhi High Court has claimed that a 65-year-old woman who died from "forceful penetration" was not raped because she did not have marks on her body to suggest she fought against the attack.
Despite the woman having sustained injuries to her vagina, the conviction of 45-year-old Achey Lal was overturned by the court last week.
The court of Justice Pradeep Nandrajog and Justice Mukta Gupta said there was no evidence for a lack of consent, and that even if the intercourse "has been forceful, it was not forcible." The judges acquitted the accused of raping the woman, who was found dead inside her home in December 2010 while he lay inebriated and asleep next to her.
The woman's body had traces of alcohol on it and injuries to the vagina. The prosecution alleged that the woman was raped by Lal while intoxicated, and he was arrested and sentenced to 10 years of imprisonment.
The Delhi High Court said in their statement that "even if held guilty for causing the offence of rape," he cannot be charged with murder as he "neither had any intention nor knowledge that such a forceful act of sexual intercourse would cause the death of the woman."
It added: "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."
Lal has been acquitted for the offense punishable under Section 302 IPC.
The judgment also referenced the fact that she "was aged around 65–70, thus beyond the age of menopause."
Although the court did not say post-menopausal women couldn't be raped, critics believe the judges considered her age in their decision-making.
Vrinda Grover, a New Delhi-based lawyer and women's rights activist, criticised the reference to her post-menopausal state. "The judges are not comprehending what a crime of rape is, that it can be committed on a 1-month-old or an 80-year old," she said.
"On what grounds did the court ... arrive on the judgement that the case was not one of rape? And where does menopause factor in here? Menopause is a medical condition, and the mention of the word is extraneous and erroneous."