'Male partners not always wrong': HC acquits man of rape
The Allahabad High Court has overturned a rape conviction of a man, emphasizing that while laws on sexual offenses are primarily women-centric, they do not automatically imply male culpability. The judgment was delivered by Justices Rahul Chaturvedi and Nand Prabha Shukla, who stated that the burden of proof rests with both parties involved. The court observed, "No doubt, chapter XVI (on) 'sexual offences' is..to protect the dignity and honor of lady and girl...but the burden is upon both of them."
Case background and initial acquittal
The court was hearing the complainant's appeal against the acquittal of the man in the rape case. The case began when a woman lodged a complaint in Prayagraj in 2019, accusing the man of establishing a sexual relationship under the promise of marriage, which he later reneged on. She also alleged that he had insulted her caste. Based on her complaint, the defendant had also been charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Trial court acquitted him of rape charges
However, in February 2024, the trial court acquitted him of rape charges but convicted him under Section 323 (voluntarily causing hurt) of the Indian Penal Code (IPC). The complainant then filed the present criminal appeal before the high court against the trial court verdict. In his defense, the accused maintained that their relationship was consensual, and he declined to marry her after discovering she did not belong to the "Yadav" caste as she had initially claimed.
High court upholds acquittal
Subsequently, the matter reached the high court, which upheld the trial court's acquittal. It noted that the complainant had been married in 2010 and started living separately after two years, a fact she had concealed. "It can be easily inferred that a lady who is already married...has maintained the physical relationship for good five years without any objection and hesitation," the high court said.
Court notes complainant's inability to clarify caste claim
The court also highlighted that the complainant and the accused had visited numerous hotels and lodges in Allahabad and Lucknow, indicating a consensual relationship. "It is difficult to adjudicate who is befooling whom," it said. The complainant was also unable to clarify her claim regarding her caste, which led the court to conclude that the trial court had rightly acquitted the accused.
