Consensual relationship cannot be later termed as rape, observes Telangana High Court

Case stems from a complaint filed by the victim, a Khammam resident, against the petitioner alleging sexual assault and false promise of marriage

Hyderabad: Justice Juvvadi Sreedevi of the Telangana High Court on Thursday acquitted a rape convict by ruling that the relationship with the victim was consensual and led to marriage.

Sode Vishnu Narayana Shivaiah had filed the criminal revision case challenging his conviction for the offence of rape.

The case stems from a complaint filed by the victim, a Khammam resident, against the petitioner alleging sexual assault and false promise of marriage. She stated that in 2009, they both got married but later, the petitioner was accused of abandoning the victim.

Perusing the records, the trial court acquitted the petitioner for cheating, but convicted him for rape. When the petitioner challenged the trial court’s decision, the same was upheld by the Appellate court in 2019.

During the hearing of the present petition, the petitioner’s counsel argued that the petitioner had a consensual relationship with the victim and appraised the court with photographs of the wedding, among other evidence.

Conceding with the same, the judge, by relying on Supreme Court citations, held that a consensual relationship cannot later be termed as rape. The judge further ordered a refund of any fines paid and set aside the conviction, stating that the prosecution failed to prove the offence under IPC.