Uttarakhand HC Quashes Rape Case Citing Consensual Relationship

Nainital: The Uttarakhand High Court has quashed a kidnapping and rape case filed against an army soldier. The court clarified that if the relationship between two adults is consensual, the subsequent refusal to marry does not automatically constitute rape. A single bench of Justice Ashish Naithani, hearing the case, stated that criminal law should not be used to settle personal vendettas or resolve failed relationships.

The case is from the Berinag police station in Pithoragarh district, where a woman filed an FIR against a man in 2022. The allegation was that the man lured her out of her home on the pretext of marriage, took her to a hotel, and had physical relations with her. When the accused later refused to marry her, the woman filed a case against him under sections 366 (kidnapping) and 376 (rape) of the Indian Penal Code (Sections 88 and 69 of the BNS)

After a thorough study of the case documents and the victim's statements, the court found that the two parties had known each other since 2019 and were in contact through social media. The court noted that the victim had left her home with the accused of her own free will. Therefore, none of the essential elements of kidnapping were present, as the woman was an adult and had voluntarily decided to go with him.

Justice Ashish Naithani stated in his judgment that sexual relations based on the promise of marriage can only be considered rape if it is proven that the accused had a deceptive intent from the outset. In the present case, no evidence was found to suggest that the accused had obtained consent with the intention of not marrying her from the outset. The court acknowledged that there is a clear distinction between a failed relationship and fraud.

During the hearing, it also emerged that the supplementary medical report dated February 23, 2022, did not confirm forced sexual assault or use of force. The court found that the prosecution lacked any prima facie evidence to prove the offence. The defence argued that it was a consensual relationship between two adults that had been misrepresented.

The High Court emphasized that forcing the accused to undergo the lengthy and arduous process of trial where the allegations are completely baseless would be an abuse of law. The court stated that the inherent powers under Section 482 must be exercised to ensure justice and prevent unnecessary harassment.