Court Rules Consent Presumed in Long-Duration Live-In Relationships; Dismisses Appeal Against Trial Court’s Acquittal
In a significant ruling, the Chhattisgarh High Court has upheld the acquittal of Siddharth Sarangi in a case involving allegations of rape and unnatural sexual intercourse. The court determined that the relationship between the accused and the complainant, who had been in a consensual live-in relationship for nearly two years, did not substantiate the charges brought against him.
The judgment, delivered by Justices Sanjay S. Agrawal and Narendra Kumar Vyas, affirmed the earlier decision by the Additional Sessions Judge, Raipur, which had acquitted Sarangi of charges under Sections 376(2)(k)(n) and 377 of the Indian Penal Code. The High Court emphasized the importance of considering the duration and nature of the relationship, which in this case was a long-term live-in arrangement, thus presuming valid consent unless evidence to the contrary is presented.
The complainant, a 40-year-old project manager, had alleged that the accused engaged in a physical relationship with her on the promise of marriage. However, the court noted that the complainant was aware of the relationship's nature and consequences. The evidence presented, including the absence of medical evidence to support claims of unnatural intercourse, led the court to conclude that the relationship was consensual.
The court highlighted that in cases of prolonged live-in relationships, a presumption of consensual engagement arises, aligning with precedents set by the Supreme Court. The ruling pointed out that mere failure to fulfill a promise of marriage does not constitute rape if the relationship was consensual and mutually understood.
The judgment further reinforced the presumption of innocence that accompanies an acquittal, noting that appellate courts should refrain from overturning such decisions unless there are clear signs of perversity or unreasonableness in the trial court's findings.
The complainant's appeal was dismissed, with the High Court affirming the trial court's judgment and reiterating that the evidence did not support the charges against Sarangi.
Bottom line:-
Acquittal of accused in a rape case upheld by the High Court based on evidence establishing consensual physical relationship in a long-drawn live-in arrangement.
Statutory provision(s): Indian Penal Code Sections 376(2)(k)(n), 377
Xyz v. Siddharth Sarangi, (Chhattisgarh)(DB) : Law Finder Doc id # 2931837
