Allahabad High Court Quashes Rape and Kidnapping Conviction, Citing Rise of 'Live-in' Relationships

Lucknow. In a significant ruling, the Allahabad High Court has canceled the conviction of a young man for rape and kidnapping. The court commented yesterday, Monday, stating, "Nowadays, youth, influenced by Western thought, are entering into 'live-in' relationships without marriage, and when such relationships break down, young women file complaints."

According to the court, sections like rape and kidnapping were created in favor of women at a time when the concept of 'live-in' relationships did not even exist. Therefore, men are being wrongly punished in such cases. 

What was the incident? 

A report published in The Indian Express stated that this case pertains to the Maharajganj district of Uttar Pradesh. In August 2021, the mother of a Dalit young woman filed a complaint, alleging that in February 2021, a 27-year-old man had lured and abducted her daughter. The allegation was that the man kept the young woman in a 'live-in' relationship after promising marriage and later threw her out of the house in August 2021. 

The young woman's age was recorded as January 1, 2003, according to official documents. However, the court considered her to be around 20 years old at the time of the incident based on the age certificate from the CMO Maharajganj (Chief Medical Office). 

The trial court had convicted the man in March 2024 and sentenced him to 7 years under IPC Section 363 (Kidnapping), 1 year under 366 (Abducting or inducing woman to compel marriage for illicit intercourse), 1 year under 323 (Voluntarily causing hurt), 20 years under Section 6 of the POCSO Act, and life imprisonment under Section 3(2)(va) of the SC/ST Act. 

What did the High Court bench say?

The division bench of Justice Siddharth and Justice Prashant Mishra heard the appeal. The court noted that the young woman stated she had run away from home willingly to go with the young man. Both lived together consensually for six months, traveled together from Gorakhpur to Bengaluru, had physical relations, and the young woman became pregnant. The court observed that there was no evidence of force or abduction. The young woman never alleged rape or forced intercourse, the court stated. 

"This case is an example of the increasing 'live-in' relationships among youth. After the relationship ends, a complaint is filed, and due to old laws made in favor of women, the man is convicted, whereas the concept of 'live-in' did not exist then," the court further explained. 

Since the young woman's age was considered above 18 years, the POCSO Act (a special law enacted in India to control sexual offenses against children) would not apply, the court stated. The charge of rape (Section 376) was also deemed incorrect because the relationship was consensual. The court determined that since the young woman went voluntarily, it was not kidnapping, which consequently led to the cancellation of the sentence under the SC/ST Act. Similarly, Section 323 (Voluntarily causing hurt) was applied against family members, not the young man. 

What else is in the verdict? 

The court ordered the cancellation of all sentences and the release of the young man. The bench stated, "For the reasons mentioned above, the order and judgment of the trial court are not sustainable, and therefore, that order is completely set aside." The court directed, "Since the appellant is currently in jail, if he is not involved in any other case, he shall be released immediately."