Live-in relationships Western-influenced, rape cases filed after break-ups: Allahabad HC
What's the story
The Allahabad High Court recently observed that the increasing trend of live-in relationships is influenced by "Western ideas" while quashing a life sentence awarded to one Chandresh, who was convicted of kidnapping and sexually assaulting a woman. The bench, comprising Justices Siddharth and Prashant Mishra, stated that because present laws favor women, men are convicted by relying on the laws that were enacted when the concept of live-in relationships did not exist.
Age dispute
Court finds inconsistencies in victim's age testimony
The prosecution had claimed that Chandresh lured the informant's minor daughter under the pretext of marriage, taking her to Bengaluru and establishing a physical relationship. He was convicted under multiple sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offenses (POCSO) Act. However, the court found that the woman was an adult at the time. It stated that the trial court did not consider the ossification test report, which found her to be about 20.
Charges dismissed
Court dismisses kidnapping, abduction charges against Chandresh
The court also noted discrepancies in the victim's age as mentioned by her mother in the FIR and court testimony. The bench observed that she traveled with Chandresh by public transport to Bengaluru without raising any alarm. She lived with him for six months and had a consenting physical relationship. The high court held that the conviction for kidnapping and abduction was "absolutely unwarranted," as she eloped of her own free will.
Charge ruling
Court rules on rape and POCSO charges
On the rape and POCSO charges, the bench said the trial court's judgment was unjustified since the relationship was consensual. "The conviction under section-376 of IPC is also not proper because the victim was major and had consenting relationship with appellant for six months," it stated. The court quashed Chandresh's life sentence and allowed his appeal against conviction.