'Male Partner Not Always Wrong': High Court Acquits Rape Accused In UP

A man accused of raping a woman on the pretext of marriage was acquitted by the Allahabad High Court after it held that the women-centric law on sexual offences does not always imply that the male partner is always wrong.
'Male Partner Not Always Wrong': High Court Acquits Rape Accused In UP

'Male Partner Not Always Wrong': High Court Acquits Rape Accused In UP (Representational Image)

Prayagraj: A man accused of raping a woman on the pretext of marriage was acquitted by the Allahabad High Court after it held that the women-centric law on sexual offences does not always imply that the male partner is always wrong. The judgment was delivered by a division bench of judges comprising of Justices Rahul Chaturvedi and Justice Nand Prabha Shukla.
The bench added that the burden of proof in such cases lies on the complainant and the accused.
"No doubt, chapter XVI (on) 'sexual offences' is a women-centric enactment to protect the dignity and honour 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 at wrong, the burden is upon both of them," the court observed.
In 2019, the woman alleged, in her police complaint, that the accused had established a sexual relationship with her with the promise of marriage but later refused to marry her. She also claimed that he had spoken about her caste in a derogatory manner.
The accused was charge-sheeted in 2020 under the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act, 1989.
The trial court on February 8, 2024, acquitted the accused of the charge of rape, and he was convicted only under Section 323 (voluntarily causing hurt) of the Indian Penal Code (IPC).
The complainant then approached the high court.
The accused, in his response, said that the relationship was consensual, adding that he declined to marry her after finding out that she did belong to the caste she claimed to belong to.
It was found that the complainant had been married in 2020 but was living separately after two years. The court also noted that the she had hidden the fact that she was already married.
"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 good five years without any objection and hesitation." the court said, upholding the decision of the trial court.
"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 befooling whom," it added.
The court concluded that the trial court was correct in its acquittal of the accused. The reason, it said, was because her claim of being subject to sexual harassment and rape cannot be accepted.
End of Article
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news
news