The Allahabad High Court recently set aside the conviction and life sentence of a man in a high-profile case, noting that the trial court failed to properly appreciate evidence and that the victim was a consenting adult. A Division Bench of Justices Siddharth and Prashant Mishra-I observed that increasing influence of Western concepts like live-in relationships has led to more cases being filed when such relationships break down, but the law must be applied to the facts rather than social perceptions.
The appellant, Chandresh, had been convicted in March 2024 by a Special Judge (POCSO Act) in Maharajganj under multiple sections including Sections 363 (kidnapping), 366 (abduction for marriage), 323 (voluntarily causing hurt) IPC, Section 6 of the POCSO Act (aggravated penetrative sexual assault), and Section 3(2)(V) of the SC/ST Act. The prosecution claimed he enticed the informant’s daughter on the pretext of marriage, took her to Bangalore, and established a physical relationship.
On review, the High Court noted that the victim was proven to be a major — around 20 years old — based on an ossification test and other evidence, while the trial court had relied on inconsistent school records and inadmissible age assertions. The bench also highlighted that the woman had voluntarily travelled with the appellant by public transport and lived with him in a populated locality for six months without raising alarm, indicating consent.
Considering these factors, the Court held that conviction under Sections 363 and 366 IPC was unjustified since the victim had eloped of her own free will. It further ruled that convictions under Section-6 POCSO and Section 376 IPC could not stand because the victim, being major, had been in a consensual relationship with the appellant. The High Court also set aside the convictions under the SC/ST Act and Section 323 IPC for lack of basis in evidence.
Accordingly, the High Court allowed the appeal, quashed the conviction and sentence, and acquitted the appellant.
