High Court acquits UP man in rape case, stating ‘male partner not always wrong’

The Allahabad High Court acquitted a man accused of rape a woman under the promise of marriage, stating that while laws on sexual offenses appropriately prioritize women’s rights, it does not imply that the male partner is invariably at fault.

In delivering the judgment, a division bench consisting of Justices Rahul Chaturvedi and Nand Prabha Shukla emphasized that the burden of proof in such cases rests with both the complainant and the accused.

The court observed and said, “No doubt, Chapter XVI (on)’sexual ‘offenses’ is a women-centric enactment to protect the dignity and honor of a lady and girl, and rightly so, but while assessing the circumstances, it is not the only, and every time the male partner is wrong, the burden is upon both of them.”

The court was considering the complainant’s appeal against the accused’s acquittal in the rape case. Additionally, the accused had been charged under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

In 2019, the woman registered a police complaint at Prayagraj, in which she alleged that the man duped her into having a physical relationship based on marriage promises only to abandon her. She also accused him of lowering her dignity by calling her caste names.

The Social Dimension of Rape Allegations

An investigation was conducted, and in 2020, the accused was formally charged. However, the trial court in Prayagraj on February 8, 2024, acquitted him in the rape case and convicted him only under Section 323 of the IPC, which deals with voluntarily causing hurt. Later, the complainant sought justice from the high court of the country.

During the trial, the accused told the court that the affair was mutually consented upon and that he did not proceed to marry the woman since she had told him she was from the ‘Yadav’ caste. Analyzing the arguments provided and focusing on the pieces of evidence, the court found that the complainant had indeed gotten married to someone in 2010, yet to this man she had been living separately for the last two years. Also, it was noted that the complainant also hid the fact that she was already married to her husband.

Thus validating the verdict of the trial court in acquitting the accused, the high court declared that “It can be easily inferred that a lady who is already married and without dissolution of her earlier marriage and concealing her caste has maintained the physical relationship for a good five years without any objection or hesitation.” It further added, “Both of them have visited a number of hotels and lodges in Allahabad and Lucknow and enjoyed the company of each other. It is difficult to adjudicate who is fooling whom.” 

In this context, it was noted that the complainant couldn’t provide clarity on her caste assertion.

Considering this, the court concluded that the trial court’s decision to acquit the accused was appropriate, as the victim’s allegations of sexual harassment and rape lacked credibility.

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