The Allahabad High Court acquitted a man accused of raping a woman under the pretext of marriage, stating that while laws on sexual offences rightly protect women, it does not mean the male partner is always at fault.
A division bench of Justices Rahul Chaturvedi and Nand Prabha Shukla emphasized that the burden of proof lies on both the complainant and the accused. “No doubt, chapter XVI on ‘sexual offences’ is a women-centric enactment to protect the dignity and honour of a lady and girl, but while assessing the circumstances, it is not the case that the male partner is always wrong,” the court noted.
The case involved an appeal by the complainant against the acquittal of the accused in a rape case. The accused had also faced charges under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. In 2019, the woman filed a police complaint in Prayagraj, alleging that the accused had established a sexual relationship with her on the promise of marriage but later refused to marry her, also making derogatory remarks about her caste. The accused was charge-sheeted in 2020.
On February 8, 2024, the trial court in Prayagraj acquitted the accused of rape but convicted him under Section 323 (voluntarily causing hurt) of the IPC. The complainant then approached the high court.
The accused argued that their relationship was consensual and that he had refused marriage upon discovering that the woman had lied about her caste. The court found that the complainant, who married in 2010 but separated after two years, had hidden her marital status and caste from the accused.
The court upheld the trial court’s acquittal, noting that the woman maintained a physical relationship with the accused for five years without objection, frequently visiting hotels together. The court concluded that the trial court was correct in acquitting the accused, as the victim’s claims of sexual harassment and rape were unsubstantiated.
