Court highlights misuse of legal provisions and the influence of western ideas on youth relationships.
In a landmark judgment, the Allahabad High Court has overturned the conviction of Chandresh in a case involving charges of abduction, sexual offenses under the Protection of Children from Sexual Offences (POCSO) Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The Division Bench, comprising Justices Siddharth and Prashant Mishra-I, delivered the verdict on January 8, 2026, setting aside Chandresh's conviction on the grounds of the victim being a consenting adult in a relationship with the appellant.
The case stemmed from an FIR filed on February 22, 2021, alleging that Chandresh abducted the informant's daughter with the intention of marriage. The trial court had convicted Chandresh under multiple sections, including 363 and 366 of the IPC, Section 6 of the POCSO Act, and Section 3(2)(V) of the SC/ST Act, sentencing him to life imprisonment among other penalties.
However, the High Court found that the victim, referred to as P.W.-2, was indeed a major at the time of the incident, as established by the ossification test and age certificates. The court noted that P.W.-2 willingly eloped with Chandresh, lived with him for six months, and engaged in a consensual relationship. As such, the convictions under the IPC and POCSO Act were deemed unwarranted.
The judgment also addressed the misuse of legal provisions, observing an increasing trend of live-in relationships influenced by western ideas. The court expressed concern over the legal system being used against men in failed relationships, emphasizing the need for a nuanced understanding of such cases.
The court further stated that the provision under Section 3(2)(V) of the SC/ST Act was not applicable as it is contingent upon an IPC conviction of ten years or more, which was not sustained in this case. Additionally, the allegation of physical assault under Section 323 of the IPC was dismissed as the act was attributed to the appellant's family members, not Chandresh himself.
In conclusion, the High Court directed the immediate release of Chandresh, who had been incarcerated since his conviction, and instructed the trial court to be notified of the judgment within two weeks.
Bottom Line:
Conviction under Sections 363, 366 IPC, Section 6 of POCSO Act, and Section 3(2)(V) of SC/ST Act set aside on the ground that the victim was major and entered into a consensual relationship with the appellant.
Statutory provision(s): Sections 323, 363, 366 of IPC, Section 6 of POCSO Act, Section 3(2)(V) of SC/ST Act, Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015.
Chandresh v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2843565
