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The court held that no case of deception was made out since the woman remained legally married throughout the period of the alleged relationship.
The court noted that the woman was not divorced. (Shutterstock)
The Madhya Pradesh High Court has dismissed an appeal filed by a woman challenging the acquittal of a man accused of sexually exploiting her for years on the assurance of marriage, holding that no case of deception was made out since she remained legally married throughout the period of the alleged relationship.
A division bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh, sitting at Jabalpur, on September 3, refused to admit the appeal against the November 2024 acquittal of one Laxman Kahar by a Narsinghpur sessions court. The man had been charged with repeated rape under Sections 376(2)(n) and 376 (2)(c) of the IPC.
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The prosecutrix, referred to as “Victim X,” told the court that she had been living separately from her husband for over a decade, with three sons to support, when Kahar began visiting her home. She alleged that he maintained sexual relations with her for nearly four years under the promise of marrying her, but later backed out citing opposition from his family.
While she initially refrained from approaching the police after he sought time to “compromise,” she eventually filed a complaint in May 2023. Her medical examination revealed no injuries and the doctor testified that no opinion on rape could be given. Statements from her brothers were also inconsistent, with one turning hostile.
In its judgment, the High Court observed that the complainant herself admitted she had never obtained a divorce decree and that maintenance proceedings with her estranged husband were still pending.
The court also relied on Supreme Court precedents such as Deepak Gulati v State of Haryana and Dr Dhruvaram Sonar v State of Maharashtra, which have distinguished consensual sex from rape on the ground of false promise of marriage. It emphasised that in cases where the accused lacked dishonest intent from the beginning, physical relations cannot be categorised as rape merely because the relationship later broke down.
“Assuming for a second that respondent no. 2 is ten years younger than the prosecutrix, who is having three children made a promise and thereafter they entered into physical relations but since the prosecutrix was not divorced from her husband and maintenance proceedings were continuing would indicate that it was not possible for the respondent no. 2 to marry her even if he wanted to marry the prosecutrix,” the bench said.
Moreover, court underlined the limits of appellate review in acquittal cases, noting that interference is justified only where crucial evidence has been ignored, leading to miscarriage of justice.
“We find no such infirmity in the trial court’s appreciation of evidence,” the judges held, dismissing the appeal at the admission stage.
About the Author
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr…Read More
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr… Read More
September 09, 2025, 17:02 IST
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