The Chhattisgarh High Court has acquitted a man accused of rape after considering the nature of the long-term relationship with the accuser. The court’s decision overturned the lower court’s ruling, citing that if the woman lived with the accused for an extended period and regarded him as her husband, it is difficult to conclude that the sexual relations were non-consensual or based on deception. The case arose in Ramgarh, where a woman accused the man of making sexual advances under the promise of marriage. The woman, who was married to an alcoholic, stated that the accused persuaded her to leave her husband, assuring her of marriage. The woman met the accused in 2008 in Bilaspur, where she worked at an NGO. They lived together, and he even helped her secure a rental property. She accused him of sexual relations during this time, and they had three children. After 11 years of living together, the man departed in 2019, telling her he would return, but he didn’t. The woman subsequently filed a rape complaint. The police arrested the accused, and the case went to court. The Raigarh Fast Track Court had already framed charges against him. The man appealed the Fast Track Court’s order in the High Court, with his lawyer arguing that the relationship was consensual, and therefore, not rape. The woman had identified the man as her husband in several documents. The High Court overturned the Raigarh court’s decision, referencing a Supreme Court ruling. The ruling stated that if a couple lived together willingly, considering each other as spouses, it becomes challenging to determine if the woman was deceived into the act.
