Consensual relationship with adults not rape: HC

Raipur: The Chhattisgarh high court dismissed a woman's plea challenging the acquittal of a man accused of rape, holding that the relationship between them was consensual. The court observed that the woman was an adult and married, and there was no evidence of coercion, threat, or lack of consent. A division bench comprising chief justice Ramesh Sinha and justice Ravindra Kumar Agrawal passed the order while hearing a petition filed by the woman against a Bemetara sessions court verdict. The lower court previously acquitted the accused, aged 32 years, of charges under Sections 376 and 376(2)(h) of the Indian Penal Code.The prosecution stated that the woman filed a report at Bemetara police station on Oct 12, 2022. She alleged that the accused, who worked with her at a local agricultural college, induced her with a promise of marriage. According to her, the accused forcibly established physical relations with her on July 25, 2022.The woman further stated that she was three months pregnant at the time of the incident and only informed her husband later due to social stigma. Following the complaint, the police registered a case and filed a charge sheet.However, the trial court concluded that the relationship was consensual. Challenging this, the petitioner's counsel argued that the woman had clearly explained the forceful nature of the act.The high court bench, after reviewing the depositions, noted that the woman was a major and already married to another person at the time of the alleged incident. The court found no evidence to suggest that consent was obtained through fear of death, hurt, or unsoundness of mind."Physical relations established with a major and married woman with her will and consent do not constitute the offence of rape," the high court held.The court held that the trial court rightly acquitted the respondent and concluded that the matter was not fit for granting leave to appeal.