Chhattisgarh high court (File Photo)
RAIPUR: The Chhattisgarh high court has dismissed a petition challenging the acquittal of a man accused of sexual exploitation on the pretext of marriage. The court observed that the woman’s decision to live with the accused for nearly seven years indicates the relationship was consensual.
A division bench comprising Justice Rajani Dubey and Justice Radhakishan Agrawal on April 7 upheld the trial court’s decision and stated that the criminal jurisprudence is primarily based on the principle that no innocent person should be convicted. It further emphasized that legal safeguards are intended to prevent any miscarriage of justice. The petitioner had moved the high court after a trial court acquitted the accused, noting that the relationship was based on mutual consent. The woman, who had gone to Raigarh for studies in 2013, met the accused during college. Although her family had fixed her marriage elsewhere in 2014, the accused proposed to her. She alleged that on 12 March 2014, he took her to a hut and forced himself on her after promising marriage. Subsequently, he took her to Raigarh and later to Ambikapur, where they lived together for seven years. The petitioner claimed the accused repeatedly avoided marriage and blackmailed her when she insisted.
On 20 August 2021, the accused allegedly left her in a village and fled. She lodged a police report on 9 November 2021, leading to a case under Sections 376 and 417 of the IPC. The high court noted that the woman was a mature adult of 23 at the start of the relationship. It also pointed out a delay of two months and 18 days in filing the FIR after the alleged desertion, for which no satisfactory explanation was provided. Maintaining that the relationship was consensual, the court upheld the trial court’s order. The appellant had challenged the judgment by the Additional Sessions Judge (FTC), Sakti, which acquitted the accused of charges under Sections 376 (2) (n) and 417 of the IPC. The high court noted significant gaps in the prosecution’s narrative. During cross-examination, the woman admitted she and the accused loved each other and that she did not protest or seek help during their seven-year cohabitation. Medical examinations also found no evidence of force or physical coercion.The court observed that the woman was a mature adult of 23 years when the relationship began and remained in it voluntarily for nearly a decade. The bench also pointed out a delay of over two months in filing the FIR after the alleged abandonment, for which no explanation was provided. Dismissing the appeal, the bench stated that the trial court’s view was plausible and did not suffer from any illegality. Justice Rajani Dubey, who authored the judgment, remarked that the evidence indicated a consensual relationship rather than a misconception of fact.
