Sexual relation on pretext of marriage cannot be booked as rape - CG HC

Bilaspur | Correspondent: The Chhattisgarh High Court in a recent legal interpretation granted relief to an individual accused of alleged rape case.

In a single-bench comprising Justice N.K Vyas stated, 'if an adult woman with her consent engages and maintains herself in a physical relation, such acts cannot be categorised rape solely on the pretext of promise of marriage was subsequently broken.

With the verdict, the individual resident of Sarguja district is now relieved of the legal battle that was dragged on for nearly two decades. 

The dispute originated in the year 2000, when the young man and woman got involved in a romantic relation while they were studying in Sarguja. The young woman alleged that her then partner on the false pretext of marriage maintained sexual relation for three years. However he subsequently reneged on his promise of marriage and walked out of the relationship. 

Acting on the complaint, the man was arrested in the year 2005, besides the lower court in Ambikapur found him guilty and sentenced him to seven years of rigorous imprisonment. 

Later the man filed an appeal in the High Court challenging his conviction. 

After detailed hearing, it was found that during the incident took place the victim was 26 years old and educated. 

Court in its order stated that the victim was completely aware of the consequences of her actions, thereby making it evident that the relationship was based on mutual consent.

The Court further underscored that the prosecution failed to prove that the man harbored a decepting intent from the very outset. Declaring the lower court's verdict to be flawed, the High Court acquited the accused with immediate effect.