Rape : Victim willingly participated in the relationship no promise of marriage.
Chhattisgarh High Court Acquits Man in Rape Case Involving Consensual Long-term Relationship. Court rules consensual relationship cannot be termed as rape in the absence of deceit or coercion.
In a significant ruling, the Chhattisgarh High Court has acquitted Rupesh Kumar Puri, who was previously convicted for rape under Section 376(2)(n) of the Indian Penal Code. The court found that the relationship between Puri and the complainant was consensual and long-term, spanning over seven years, and there was no evidence to suggest that consent was obtained through deceit or coercion.
The appeal was heard by Justice Naresh Kumar Chandravanshi, who overturned the judgment of the Additional Sessions Judge (FTC), Bastar at Jagdalpur, which had sentenced Puri to ten years of rigorous imprisonment and imposed a fine of Rs. 10,000.
The case originated from a complaint lodged by the victim, alleging that Puri had taken her to his house on the promise of marriage and had sexual relations with her against her will. However, the court noted that both the victim and Puri were from the same village and had been in a consensual relationship for a considerable period. The court emphasized that the victim had willingly accompanied Puri and stayed with him, which indicated her consent.
The court further highlighted discrepancies in the prosecution's case, pointing out that the medical and forensic evidence did not support the allegations of rape. The victim's own admissions during cross-examination revealed that she had been in a loving relationship with Puri, and any physical relations were consensual.
In his judgment, Justice Chandravanshi referenced recent Supreme Court rulings emphasizing that a promise to marry, if genuine and not intended to deceive from the outset, does not amount to rape, even if the marriage does not occur due to unforeseen circumstances. The court concluded that in the absence of evidence proving that Puri had no intention to marry the victim from the beginning, the charge of rape could not be substantiated.
The court also noted that the victim and Puri's relationship deteriorated due to disputes with Puri's family, which ultimately led to the lodging of the complaint. Justice Chandravanshi's ruling reiterates the legal principle that consensual relationships based on mutual affection and understanding cannot be criminalized as rape.
The judgment has been seen as a reaffirmation of the need to differentiate between consensual relationships and cases of rape where consent is obtained under false pretenses or coercion.
Bottom Line:
Sexual relationship based on a consensual long-term relationship cannot be construed as rape when the victim willingly participated in the relationship and no evidence supports that consent was obtained under false promise of marriage.
Statutory provision(s): Indian Penal Code, 1860 Section 376(2)(n), Criminal Procedure Code, 1973 Section 313, Bhartiya Nagrik Suraksha Sanhita, 2023 Section 481
Rupesh Kumar Puri v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc Id # 2791871
