Court Finds Allegations of Rape on Promise of Marriage in Long-standing Consensual Relationship to be Unbelievable
In a significant judgment, the Allahabad High Court's Lucknow Bench, presided over by Justice Subhash Vidyarthi, has discharged Rakesh Rathore, a Member of Parliament, from charges of rape and related offences. The case stemmed from allegations by a 49-year-old married woman who claimed that Rathore, also married, had sexually exploited her under the false promise of marriage.
The court's decision, delivered on September 17, 2026, came as a response to a revision petition filed by Rathore against an earlier order rejecting his discharge application. The allegations were based on an FIR lodged by the complainant, detailing a long-standing extramarital relationship with Rathore since 2018, under the guise of a political alliance and promise of marriage.
The High Court meticulously examined the prosecution's evidence, including statements from the complainant and her family, medico-legal reports, and transcripts of phone conversations. The court found the narrative of sexual exploitation on the promise of marriage inherently improbable, particularly given the mature ages and marital statuses of both parties involved.
Justice Vidyarthi emphasized that the prosecution's material did not disclose any grave suspicion of the alleged offences. The court noted that the complainant was politically active and aware of the legal impossibility of marrying during the subsistence of her marriage. Additionally, the allegations of being able to secure a divorce within two minutes due to Rathore's influence were deemed absurd.
The judgment further highlighted that the continuation of proceedings based on such allegations would amount to an abuse of the process of law. The High Court underscored the importance of distinguishing between genuine cases warranting trial and those based on improbable claims, reiterating that judicial responsibility involves careful engagement with the facts on record.
The court's decision to discharge Rathore underscores the principle that allegations must withstand scrutiny for a prima facie case to proceed to trial. The judgment serves as a reminder of the judiciary's role in preventing the misuse of criminal proceedings where relationships turn sour.
Bottom Line :
Discharge - Allegation of rape on promise of marriage - Where prosecution material itself disclosed a long-standing consensual extra-marital relationship between two mature married persons and the story of sexual exploitation on false promise of marriage was inherently improbable and self-contradictory, rejection of discharge application was unsustainable - Accused discharged.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 442, Bharatiya Nyaya Sanhita, 2023 Sections 64(2), 69, 351(3), 127(2)
This judgment sets a precedent in assessing allegations in cases involving complex personal relationships, emphasizing the need for allegations to be credible and supported by substantial evidence to warrant a trial.
Rakesh Rathore v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2985722
