Chhattisgarh HC Dismisses Appeal in Sexual Exploitation Case, Cites Consensual Relationship
Chhattisgarh HC Dismisses Appeal in Sexual Exploitation Case

Chhattisgarh High Court Upholds Acquittal in Sexual Exploitation Case, Emphasizes Consensual Nature

RAIPUR: In a significant ruling, the Chhattisgarh High Court has dismissed a petition challenging the acquittal of a man accused of sexual exploitation under the pretext of marriage. The court firmly stated that the woman's decision to live with the accused for nearly seven years clearly indicates the relationship was consensual, not coercive.

Court's Rationale and Legal Principles

A division bench comprising Justice Rajani Dubey and Justice Radhakishan Agrawal delivered the judgment on April 7, 2024, upholding the trial court's decision. The bench underscored that criminal jurisprudence is fundamentally rooted in the principle that no innocent person should be wrongfully convicted. It further emphasized that legal safeguards are meticulously designed to prevent any miscarriage of justice, ensuring fairness in judicial proceedings.

The petitioner had approached the high court after a trial court in Sakti acquitted the accused, noting the relationship was based on mutual consent. The high court's detailed analysis revealed several critical factors supporting this conclusion.

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Background and Allegations

The case dates back to 2013 when the woman, then a student, moved to Raigarh for her studies and met the accused during college. In 2014, despite her family arranging a marriage elsewhere, the accused proposed to her. The woman alleged that on March 12, 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 cohabited for seven years.

According to the petitioner, the accused repeatedly avoided marriage and resorted to blackmail when she insisted on formalizing their union. On August 20, 2021, the accused allegedly abandoned her in a village and fled. She lodged a police report on November 9, 2021, leading to a case under Sections 376 (rape) and 417 (cheating) of the Indian Penal Code (IPC).

Key Findings by the High Court

The high court meticulously examined the evidence and highlighted several inconsistencies in the prosecution's narrative:

  • Consensual Cohabitation: During cross-examination, the woman admitted she and the accused loved each other. The court noted she did not protest or seek help during their seven-year cohabitation, which strongly suggests voluntary participation.
  • Maturity and Age: The woman was 23 years old at the onset of the relationship, deemed a mature adult capable of making informed decisions.
  • Lack of Medical Evidence: Medical examinations conducted during the investigation found no signs of force or physical coercion, undermining allegations of non-consensual acts.
  • Unexplained Delay in FIR: The court pointed out a delay of two months and 18 days in filing the FIR after the alleged desertion. No satisfactory explanation was provided for this lapse, casting doubt on the immediacy and credibility of the complaint.

Judicial Observations and Final Ruling

Justice Rajani Dubey, who authored the judgment, remarked that the evidence overwhelmingly indicated a consensual relationship rather than one based on a misconception of fact. The bench concluded that the trial court's view was plausible and did not suffer from any illegality or perversity.

"The prolonged cohabitation, absence of protest, and the woman's maturity at the time collectively point to a voluntary association," the court observed. It dismissed the appeal, reinforcing the acquittal and affirming that the legal process must guard against wrongful convictions while ensuring justice is served.

This ruling underscores the judiciary's commitment to scrutinizing evidence thoroughly and upholding the principles of consent and individual agency in complex interpersonal cases.

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