Victim 'Habituated To Sexual Intercourse': Jharkhand High Court Acquits Man In Rape Case After Noting 5-Year Relationship

The Jharkhand High Court has acquitted a man convicted of rape on the false promise of marriage, holding that the evidence showed the prosecutrix, a 30-year-old woman, had been in a consensual relationship with the appellant for nearly five years and was habituated to sexual intercourse. The Court held that the case did not fall within the category of rape on a false promise of marriage.

A Single Judge Bench of Justice Pradeep Kumar Srivastava allowed the appeal and set aside the appellant's conviction under Section 376 of the Indian Penal Code.

According to the prosecution, the prosecutrix had gone to the Pandupani fair with two other women on 27 January 2004. While returning, the appellant allegedly lured her to a secluded place on the assurance of marriage and raped her. It was further alleged that he had been sexually exploiting her for the previous five years on the pretext of marriage.

After investigation, the appellant was chargesheeted and subsequently convicted by the trial court, which held that his intention from the very beginning was to obtain the prosecutrix's consent by fraud and satisfy his sexual desires without marrying her.

Before the High Court, the appellant contended that the FIR itself disclosed that the prosecutrix had been in a live-in relationship with him for five years of her own free will. He further pointed to the three-day delay in lodging the FIR and argued that the allegation of rape surfaced only after the appellant refused to marry her.

The State, on the other hand, argued that the appellant had fraudulently induced the prosecutrix into a sexual relationship on the false assurance of marriage and that her consent was vitiated by misconception of fact.

Examining the evidence, the High Court noted that the prosecutrix was around 30 years old at the time of the alleged incident. It further observed that both women who had accompanied her to the fair testified that there had been a love affair between the parties for nearly five years, and that the prosecutrix was voluntarily talking to the appellant on the date of the alleged occurrence.

The Court also relied upon the medical evidence. The doctor who examined the prosecutrix opined that her hymen was ruptured, no spermatozoa were detected, and she was “habituated for sexual intercourse for several years.” The doctor further explained that the medical findings were inconsistent with first-time intercourse within the preceding five days.

The Bench found material contradictions in the prosecutrix's version. While her written complaint alleged that the appellant had sexually exploited her for five years on the false promise of marriage, during her deposition she claimed that the alleged rape had occurred only twice. The Court observed:

“It also appears from the testimony of the prosecutrix herself that she has falsely tried to make out a case of rape... rather, as per the evidence of the prosecution witnesses, there was love affair between the accused person and the prosecutrix since last five years and... the prosecutrix used to live with the appellant on her own will.”

Relying on the Supreme Court's decision in Maheshwar Tigga v. State of Jharkhand, the Court reiterated that consensual sexual relations between adults cannot subsequently be treated as rape merely because the relationship did not culminate in marriage. It noted that any misconception of fact must be proximate to the alleged act and cannot extend over several years of a consensual relationship.

Holding that the prosecution had failed to establish rape beyond reasonable doubt, the Court set aside the conviction and acquitted the appellant.

Case Title: Chunu Mardi v. State of Jharkhand and Anr.

Case Number: Cr. Appeal (S.J.) No. 1091 of 2008

Appearance: Mr. A.K. Sahani and Mr. Abhijit Kumar for the Appellant. Mrs. Mahua Palit for the State. Mr. Krishanu Ray and Mr. Manish Kumar for the Respondent-Victim.

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