The Chhattisgarh High Court acquitted a man charged with rape, emphasizing the significance of consent in the context of a long-term relationship. The court’s decision stated that if a woman willingly lives with a man and considers him her husband for a considerable duration, it is difficult to determine that sexual acts were non-consensual or based on deception. The case originated in Ramgarh, where a woman alleged that the man made sexual advances with the promise of marriage. The woman, previously married to an alcoholic, claimed the man convinced her to leave her husband, assuring her of marriage. She met the accused in 2008, in Bilaspur, at an NGO where she worked. They began living together, and he helped her secure a rental property. She alleged that he engaged in sexual relations with her, and they had three children. After 11 years of living together, the man left in 2019, telling her he would return but never did. The woman then filed a rape case. The police arrested the accused, and the case was brought before the court. The Raigarh Fast Track Court had previously framed charges against him. The man contested the Fast Track Court’s decision in the High Court. The defense presented arguments indicating the woman lived with the man consensually, and thus, the act couldn’t be categorized as rape. The woman had also identified the man as her husband in multiple official documents. The High Court reversed the Raigarh court’s verdict, referencing a Supreme Court decision. The ruling highlighted that if a couple resides together willingly and views each other as spouses, it’s challenging to ascertain whether the woman was deceived into sexual relations.
