State

The High Court acquitted the accused of rape on the promise of marriage, saying the victim's complaint was baseless.

Raigarh. The High Court has upheld the acquittal of the accused of raping a woman in the district on the false promise of marriage. Rejecting the appeal of the state government, the High Court cancelled the order of taking action against the accused under the rape and POCSO Act as the victim's age could not be proved below 18 years.
The case dates back to February 10, 2016, when the victim from Raigarh district had alleged that she was living in a live-in relationship with the accused since February 1, 2016. During this period, the accused had physical relations with her by promising marriage. When the victim talked about marriage, the accused refused. After this, the victim lodged a complaint with the police in 2016, in which she had accused him of rape.


Based on the allegations, the police registered a case against the accused under Section 376 and the POCSO Act. However, a medical examination of the victim revealed no signs of physical abuse, and no injuries were found on her body. Furthermore, the victim's age could not be confirmed as being under 18, leading the court to acquit the accused.


Challenging the Special Court's decision, the state government appealed to the High Court. After hearing the case, the High Court dismissed the state government's appeal, stating that the victim's age could not be proven to be less than 18 years old, making it impossible to convict the accused. This decision presented an important perspective on allegations of sexual intercourse under the false promise of marriage, and the acquittal of the accused has become a significant example of the judicial process.


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Lok Manjari

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